(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Laws of the State of Illinois"

X UlKiDlS 
349 

Ml 



■ 









■ 



LAWS 



OF THE 



TATEO 



H 



ENACTED BY THE 



FORTY-FIRST GENERAL ASSEMBLY 



AT THE REGULAR BIENNIAL SESSION. 



Began and held at the Capitol, in the city of Springfield, on the 4tk 

day of January A. D. 1SDU, and adjourned sine die on the 

14th day of April A. D.. 1899.. 



Printed by authority ^f the Genera! assembly 
of the State of Illinois. 



SPRINGFIELD: 
Pkillips Bros., State Printers, 

1899. 



Digitized by the Internet Archive 

in 2011 with funding from 

CARLI: Consortium of Academic and Research Libraries in Illinois 



http://www.archive.org/details/lawsofstateofill1899illi 



TABLE OF CONTENTS. 



AGRICULTURE: 

An act to amend an act entitled "An act to revise the law in relation to the depart- 
ment of agriculture, agricultural societies, agricultural fairs, and to provide for 
reports of the same. " approved June 23. 1883, in force July 1, 1883, by adding thereto 
another section to be known as section 16 1 

ANIMALS: 

An act to amend sections 3 and 5 of an act entitled "An act to indemnify the owners 
of sheep in cases of damages committed by dogs,*' approved May 29, 1879, in force 
July 1. 1879. as amended by an act approved and in force May 30. 1681 2 

APPROPRIATIONS: 

An act making an appropriation to revise and correct the reports of the Adjutant 
General, 1S61-1865, containing the rosters of the Illinois regiments in the civil war, 
and preparing the rosters of the Illinois volunteers in the American-Spanish war of 
1898. for publication 3 

An act making appropriations for the construction and equipment of a heating plant 
and for connecting the appellate court building of the second appellate court dis- 
trict with the sewerage system of the city of Ottawa 4 

An act making an appropriation to provide heating apparatus for the appellate court 
building for the fourth district appellate court, in the city of Mt. Vernon, Illinois. . 4 

An act to make appropriation for the payment of amounts awarded by the Commis- 
sion of Claims to certain persons named therein 5 

An act to provide for the erection of monuments to mark the positions occupied by 
Illinois volunteers in the battle of Shiloh, Tennessee, and to make an appropria- 
tion to pay for the same and to pay the expenses of the commissioners 6 

An act making an appropriation to pay the expenses for dedicating monuments 
erected by the State of Illinois on the battlefields of Chickamauga, Georgia, and in 
and about Chattanooga, Tennessee, including Lookout Mountain, Orchard Knob 
and Missionary Ridge, marking the locations where Illinois volunteers participated 
in such battles, together with actual expenses of the Illinois Chickamauga and 
Chattanooga Military Park Commission 7 

An act to establish the Illinois State Colony for Epileptics and for making an appro- 
priation therefor 8 

An act making appropriations for the State charitable institutions herein named 10 

An act making an appropriation for the ordinary and other expenses of the State 
charitable institutions herein named 15 

An act making appropriation in aid of the Illinois Dairymen's Association 17 

An act making appropriation for the State educational institutions herein named 17 

An act making appropriation for the ordinary expenses of the State educational in- 
stitutions herein named 19 

An act making an appropriation for the construction of a barn on the grounds of the 
Executive Mansion 20 

An act making appropriations for the Illinois Farmers' Institute and County Farmers' 
Institutes 21 

An act to select commissioners to expend not to exceed nine thousand dollars (89,000) 
in purchasing a heroic bronze statue of the late Frances E. Willard, cast in stand- 
ard bronze metal, and to provide a granite pedestal or ba^e therefor, the statue and 
pedestal to be appropriately inscribed and ornamented, and also to defray the ex- 
pense of transporting the same to Washington, D. C, when completed, and erect- 
ing it in the National Statuary Hall at Washington, D. C 28 

An act to make an appropriation for committee expenses of the 41st General Assem- 
bly 24 

An act making appropriations to pay legal expenses incurred by members of the 41st 
General Assembly in contested election cases 25 

An act making appropriations for the payment of employes of the 41st General As- 
sembly 25 



IV CONTENTS. 



.APPROPRIATIONS— Continued. Page. 

An act to provide for the incidental expenses of the 41st General Assembly of the 
State of Illinois, and for the care and custody of the State House and grounds, to 
be incurred and now unprovided for 26 

An act making appropriations to the Eastern Hospital for the Insane, the Western 
Hospital for the Insane, and the Southern Hospital for the Insane, for the purpose 
of reimbursing certain counties and individuals for the expense of transferring 
insane patients, rendered necessary by the orders of the State Commissioners of 
Public Charities 27 

An act making an appropriation for the necessary and extraordinary repairs and 
protection of the Illinois and Michigan Canal 28 

An act making an appropriation for the construction of parade grounds and an 
armory for the use of those organizations of the Illinois National Guard stationed 
in the city of Chicago 29 

An act making an appropriation for the erection of buildings and the improvement 
and repairs at Camp Lincoln and Logan Rifle Range for the Illinois National Guard. 30 

An act making an appropriation for the purchase of tents, uniforms and blankets for 
the Illinois National Guard and the Naval Militia of Illinois 31 

An act to provide for the ordinary and contingent expenses of the Illinois National 
Guard and the Naval Militia of Illinois 31 

An act making appi-opriation for the payment for uniforms sold and delivered to the 
Illinois Naval Militia 32 

An act making an appropriation to pay for transporting, equiping, subsisting and 
furnishing medical supplies and labor during the mobilization of the Illinois vol- 
unteers during the war with Spain 32 

An act making an appropriation to pay the enlisted men of the Illinois volunteers' 
difference of pay between that allowed in section 1, article IX, Military Code, and 
the amount paid by the United States from date of enrollment to date of muster 
into the United States service 33 

An act making appropriations for the Illinois Industrial Home for the Blind at Chi- 
cago 34 

An act relative to an appropriation of S100, 000.00, or so much thereof as may be neces- 
sary, to rebuild the Lincoln monument 35 

An act making appropriations for the expenses of the Illinois Live Stock Breeders' 
Association 35 

An act for an appropriation to pay a balance due for a monument at Alton to the 
memory of Elijah P. Lovejoy 36 

An act to provide for the collection, arrangement and display of the manufactures, 
arts and products of the State of Illinois at the Ohio Centennial and Northwest 
Territory Exposition, providing for the appointment of a commission to prepare 
plans for and supervise the same and report to the next General Assembly, and de- 
claring an emergency 37 

An act to make appropriations for ordinary and other expenses of the Illinois State 
Penitentiary at Joliet 39 

An act making an appropriation for the Southern Illinois Penitentiary and to enable 
the commissioners thereof to keep the convicts in said penitentiary profitably em- 
ployed 40 

An act to make appropriation for the practice commission to be appointed by the 
Governor under joint resolution adopted by the Senate of the State of Illinois on 
February 23, A. D. 1899. and concurred in by the House of Representatives on March 
15, 1S99 41 

An act making appropriations for the Illinois State Reformatory at Pontiac, for the 
completion of a school building and bath rooms and the equipment of same 41 

An act to pay Mrs. Adah J. Hunt $2,000 on account of the death of her son, Valentine 
H. Hunt, from disease contracted while in the discharge of his duty as a private in 
Company M, First Regiment. Illinois National Guard, when in active service 42 

An act making an appropriation to pay Alfred Russell for moneys advanced by him 
to Battery D, Illinois National Guard, from July 1,1893, to June 30,1895 42 

An act making an appropriation to pay B. M. Shaffner for moneys advanced by him 
to the Naval Militia of Illinois for the years 1894 and 1895 43 

An act making an appropriation to pay the cost of putting in the foundation of the 
battleship for the Naval Militia at Chicago 43 

An act to make an appropriation for the relief of Robert T. Hill, injured by a fall 
from a fire escape, the same beine- approved and operated at Sterling, Whiteside 
county, Illinois, under the directiou of the State Factory Inspector 44 

An act to make an appropriation for the relief of Thomas Crawford, injured by a fall 
from a fire escape, the same being approved and operated at Sterling, Whiteside 
county, Illinois, under the direction of the State Factory Inspector 44 

An act making appropriations for the State Board of Agriculture, to be used in the 
construction of permanent buildings and improvements and for beautifying the 
State fair grounds at Springfield, Illinois 45 



CONTENTS. 



APPROPRIATIOXS-Uoncluded. Page. 

An act making- appropriations for the State Board of Agriculture and county and 
other agricultural fairs 46 

An act making an appropriation for the construction of an electric light plant for the 
purpose of furnishing light to the capitol building and the executive mansion 48 

An act making an appropriation for repairs on State house and heating plant 4S 

An act to prevent the introduction and spread in Illinois of the San Jose scale and 
other dangerous insects and contagious diseases of fruits 49 

An act to provide for a deficiency in the expenses provided by law for the apprehen- 
sion and delivery of fugitives from justice for the fiscal year ending June 30, 1899. . . 52 

An act making appropriation to pay for binding under contract made by the State 
Board of Contract Commissioners 52 

An act to provide for the ordinary and contingent expenses for the State government 
until the expiration of the fiscal Quarter after the adjournment of the next tegular 
session of the General Assembly 53 

An act making appropriation for the payment of the officers and members of the next 
General Assembly, and for the salaries of the officers of the St-.te government 66 

An act making an appropriation in aid of the Illinois State Horticultural Society 66 

An act to define certain duties of the Illinois State Poultry Association, and to make 
an appropriation therefor 67 

An act making appropriations for the Illinois State Reformatory at Pontiac for the 
two years beginning July 1,1899. and ending July l,190i 68 

An act making appropriations for the University of Illinois 69 

An act appropriating to the University of Illinois the money granted in an act of con- 
gress approved August 30, 1890, entitled "An act to apply a portion of the proceeds 
of the public lands to the more perfect endowment and support of the colleges for 
the benefit of agriculture and the mechanic arts, established under the provisions 
of an act of congress approved July 2, 1862, and to provide for the distribution of 
said fund" 71 

An act to establish and maintain the Western Illinois State Normal School 72 

ARBITRATION: 

An act to amend section 3 of "An act to create a State Board of Arbitration for the 
investigation or settlement of differences between employers and their employes, 
and to define the powers and duties of said board," approved August 2, 1895, and 
to insert in said act three new sections, to be known as section 5a, section 5b and 
section 6a 75 

ARCHITECTS: 

An act to amend "An act to provide for the licensing of architects and regulating the 
practice of architecture as a profession," approved June 3, 1897. in force July 1, 1897 78 

An act creating the office of Supervising Architect of the State of Illinois and defin- 
ing his powers and duties 79 

ATTORNEYS AND COUNSELORS: 

An act to amend section 1 of an act entitled, "An act to revise the law in relation to 
attorneys and counselors" 81 

CANALS: 

An act to amend section eight (8) of "An act to revise the law in relation to the Illi- 
nois and Michigan canal, and for the improvement of the Illinois and Little Wabash 
rivers," approved March 27, 1874, in force July 1, 1874, as amended by the act of June 
19, 1891, in force July 1, 1891 82 

CEMETERIES: 

An act in relation to the conveyance, use and preservation of burial lots in ceme- 
teries 85 

CHARITIES: 

An act to amend section 5 of an act entitled. "An act to regulate the State charitable 
institutions and the State reform school, and to improve their organization and in- 
crease their efficiency," approved April 15, 1875. in force July 1, 1875, as amended by 
an act approved May 28. 1897, in force July 1. 1S97 86 



VI CONTENTS. 



CITIES, TOWNS AND VILLAGES: Page. 

An act to amend an act to provide for the annexation of cities, incorporated towns 
and villages, or parts of same, to cities, incorporated towns and villages, approved 
and in force April 25. 1889 87 

An act to provide for the creation of art commissions in cities and to define their 
powers 89' 

An act to provide for consolidation of the territory of cities in counties under town- 
ship organization having five or more Congressional townships and fractional 
parts of Congressional townships into one township, and to provide for a board of 
auditors of said township, and locate the place where the justices of the peace shall 
have their offices 91 

An act to amend section 1 of article 8 of an act entitled "An act to provide for the in- 
corporation of cities and villages," approved April 19. 1872, in force July 1. 1872. and 
amended by an act approved June 18, 1891, in force July 1, 1891 • 92 

An act to amend sections thirty-eight (38) and forty-two (42) of an act entitl d "An 
act concerning local improvements," approved June 14, 1897, in force July 1, 1897 93 

An act to amend section 4 of an act entitled "An act concerning local improvements," 
approved June 14, 1897, in force July 1, 1897 95 

An act to authorize cities of 100,000 population and under to construct outlet sewers, 
reservoirs, pumping works and machinery, and maintain and keep in repair the 
same, the cost thereof to be defrayed by special assessment, or special taxation, 
and if the assessment is paid in installments, to issue bonds to anticipate the de- 
ferred installments 96 

An act to enable certain cities to provide and maintain public parks for the use of 
the inhabitants thereof 100 

An act to legalize the acts of police magistrates in counties of the first and second 
class 10 

An act to amend "An act to provide for the setting apart, formation and disburse- 
ments of police pension fund in cities, villages and incorporated towns. Approved 
April 29, 1887, in force July 1, 1887 101 

An act to repeal an act entitled "An act to authorize cities, towns and villages to pro- 
tect the site thereof from overflow and inundation and to regulate and control pri- 
vate levees, private wharves and landing places or embankments, and to compel 
the repair and improvement of such levees or embankments, and to cause low lots, 
blocks or parcels of land within corporate limits to be filled so as to prevent stand- 
ing water thereon, and to authorize cities, towns and villages to purchase or con- 
demn land, sand banks, gravel pits and rock quarries for any of the purposes above 
named," approved and in force May 19, 18S3 102 

An act to authorize ciMes. whose public buildings have been, or may be, destroyed or 
impaired by cyclone or tornado, to levy a tax to pay the cost of rebuilding or re- 
storing such buildings 103 

An act authorizing cities, towns and villages to build, purchase or extend waterworks 
systems for public and domestic use and to provide for the cost thereof 104 

An act to amend section 1 of an act entitled "An act to enable cities, incorporated 
towns and villages to purchase or lease waterworks," approved June 19, 1893 106 

An act to enable cities and villages to buy or construct waterworks and provide for 
the management thereof, and giving them authority to levy an annual tax and to 
pledge same in payment therefor 108 

CORPORATIONS: 

An act requiring corporations to make annual report to the Secretary of State and 
providing for the cancelation of articles of incorporation for failure to do so Ill 

An act to amend an act entitled "An act to enable associations of persons to become 
a body corporate to raise funds to be loaned only among the members of such 
association." in force July 1. 1879, and various acts amendatory thereof, by amend- 
ing section 1, section 3, section tia and section 6c 112 

An act to amend section two (2) of an act concerning corporations, approved April 
18, 1872, in force July 1, 1872 as amended by an act approved June 17, 1893, in force 
July 1,1893 115 

An act concerning the rights, powers and duties of certain corporations therein 
mentioned, authorizing the sale and transfer of any railroad or railroad and toll 
bridge, and other property, franchise, immunities, rights, powers and privileges 
connected therewith or in respect thereto, of any corporation of ibis State to a cor- 
poration of another state, and prescribing the rights, powers, duties and obligations 
of the purchasing company lie 

An act to amend section 1 of an act entitled "An act regarding fees for the incorpora- 
tion and the increase of capital stock of companies and corporations in this State." 
approved June 15, 1895, in force July 1, 1895 Ill 



CONTENTS. VII 



CORPORATIONS— Concluded: 

An act to amend an act entitled "An act to require every foreign corporation doing 1 
business in this State to have a public office or place in this State at which to trans- 
act its business, subjecting it to a certain condition, and requiring- it to file its 
articles or charter of incorporation with the Secretary of S^ate, and to pay cer- 
tain taxes and fees thereon," approved May 26, 1897, in force July 1, 1897 118 

An act to provide for the incorporation, management and regulation of pawner's 
societies ami limiting the rate of compensation to be paid for advances, storage 
and insurance on the pawns aud pledges, and to allow the loaning of money on per- 
sonal property : 119 

An act to amend section six (6) of an act entitled "An act to provide and regulate the 
administration of trusts by trust companies." approved June 15, 1887, in force July 
1, 18s7, us heretofore amended 123 

COUNTIES: 

An act to authorize counties to erect monuments or memorial buildings in honor of 
their soldiers or sailors 121 

An act to amend section 62 of an act entitled "An act to revise the law in relation to 
counties." approved and in force March 31, 1874, aud as amended by an act approved 
June 14, 1887. in force July 1, 1SS7 125 

COURTS: 

An act to provide for the appointment of one clerk for each of the judges for each 
appellate court and to fix the salary of such clerks 128 

An act to amend section two of an act entitled "An act to establish appellate courts," 
in force July 1, 1877, and acts amendatory thereto 128 

An act to provide for an additional term of circuit court in the county of Jefferson. . . 129 

An act to amend section 2 of an act concerning circuit courts and to fix the time for 
holding the same in the several counties in the judicial circuits in the State of 
Illinois, exclusive of the county of Cook, approved May 24, 1879, in f >rce July 1, 
1879, as amended June 11, 1897, in force July 1, 1897 129 

An act to amend section one (1) of an act entitled "An act to authorize county and 
probate judges to perform the duties of the office of one another in certain cases," 
approved and in force April 10, 1885 130 

An act to amend section six (6) of an act entitled "An act in relation to courts of 
record in cities," approved March 26, 1874, in force July 1, 1874, 130 

An act to regulate the treatenient and control of dependent, neglected and delinquent 
children 131 

An act to amend section 18 of an act entitled "An act to revise the laws in relation to 
the Supreme Courts." approved March 23, 1S74, in force July I, 1874, as amended by 
an act approved June 24, 1895, in force July 1, 1895 138 

CRIMINAL CODE: 

An act relating to the manufacture aud sale of articles constructed in whole or in 
part of gold or silver, or any alloy, or imitation thereof, aud prescribing penalties. 138 

An act prohibiting the use of deception, misrepresentation, false advertising and 
false pretenses and unlawful force in the procuring of employes to work in any de- 
partment of labor in this State, and fixing penalties, criminal aud civil, for viola- 
tion thereof 139 

An act to amend section seven (7). division two (2) of an act of the State of Illinois 
approved March 27, 1874. in force July 1. 1874, entitled "An act to revise the law in 
relation to criminal jurisprudence" 141 

An act to revise the law in relation to the sentence and commitment of prisoners 
convicted of crime, and providing for a system of parole, and to provide compensa- 
tion for the officers of said system of parole 142 

Au act to protect sidewalks and sidepaths and to provide a penalty for its violation. 147 

An act to prohibit public exhibitions of persons who have attained notoriety through 
some crimiu il act; also of persons whose deformity is such as to attract public 
curiosity, and to provide a penalty thereof 148 

An act to punish seduction of temales 148 

DRAMSHOPS: 

An act prohibiting the sale, distribution or gift of intoxicating liquors near national 
homes for disabled volunteer soldiers 149 



VIII CONTENTS. 



ELECTIONS: Page. 

An act to amend sections nineteen (19) and twenty-two (22) of an act entitled "An act 
to provide for the printing and distribution of ballots at public expense, and for 
the nomination of candidates for public offices, to regulate the manner of holding 
elections, and to enforce the secrecy of the ballot.'' approved June 22, 1891, in force 
July 1, 1891; as amended by acts in force July 1, 1897 149 

An act to amend section 16 of "An act to provide for the printing and distribution of 
ballots at public expense, and for the nomination of candidates for public offices, to 
regulate the manner of holding flections and to enforce the secrecy of the ballot." 
approved June 22, 1891, in force July 1, 1891 151 

An act to amend section 96 of an act entitled "Elections" 152 

An act to Provide for the election and time of election of judges of the superior 
court of Cook county 152 

An act to amend an act entitled "An act regulating the holding of elections and de- 
claring: the result thereof in cities, villages and incorporated towns in this State." 
approved June 19. 1885, in force July 1, 1885; as amended by an act approved June 
18, 1891, in force July 1, 1891 153 

An act to amend sections seventy-one (71), seventy-six (76) and seventy-eierht (78) of 
an act entitled "An act in regard to elections and to provide for filling vacancies in 
elective offices,'' approved April 3, 1872, in torce July 1, 1872 208 

An act to amend section 30 of an act entitled "An act in regard to elections and 
T.o provide for filling vacancies in elective offices," approved April 3, 1872, in force 
July 1,1872; as amended by an act approved April 4, 1895, in force July 1, 1895 209 

An act providing for primary elections of delegates to nominating conventions of 
political parties or organizations, and to provide for the purity thereof 211 

An act to provide for the publication of all constitutional amendments or other 
propositions required by law to be voted for 216 

EVIDENCE AND DEPOSITIONS: 

An act to amend an act entitled "An act in regard to evidence and depositions in civil 
cases, approved March 29, 1872, in force July 1, 1872 216 

EEES AND SALARIES: 

An act to amend section 14 of an act concerning fees and salaries, and to classify the 
several counties in this State wita reference thereto, approved March 29, 1872, in 
force July 1, 1872; title as amended by act approved March 28. 1874, in force July 1. 
1874 217 

FIRE ESCAPES: 
An act relating to fire escapes 220 

FISH AND GAME: 

An act to provide additional remedies for the propagation and protection of game, 
wild fowl and birds, and to amend, revise and consolidate The amended game law. 
approved June 1. 1889, and in force July 1, 1889, and the game warden act, approved 
June 27. 1885. in force July 1. 1885. and the act to prcjibit persons from hunting 
within tue enclosures of others without leave, as amended by act approved J uue 
17, 1891, in force July 1. 1891 222 

An act to regulate fishing in Lake Michigan and the shipping of fish in the State of 
Illinois 233 

FLAGS: 

An act to prohibit the use of the national Hag or emblem for any commercial pur- 
poses or as an advertising medium ' 234 

INSURANCE: 

An act to incorporate companies to do the business of burglary and casualty insur- 
ance on the mutual plan, and to control such companies of this State and of other 
states and foreign governments doing business in this State 235 

An act to incorporate and to govern casualty insurance companies and to control such 
companies of this State and of other states doing business in the State of Illinois, 
and providing and fixing the punishment for violation of the provisions thereof, and 
to repeal all laws now existing which conflict therewith 237 



CONTENTS. IX 



NSURANCE— O'ojwjhtded. 

An act to amend sections numbered ten, twenty-two and twenty-three of an act enti- 
tled "An act to incorporate and to g'overn tare, marine and inland navigation insur- 
ance companies doing- business in the State of Illinois," approved March 11, 1869. in 
force July 1. 1869: as amended by an act approved June 6, 1889, in force July 1, 1889. . 246 

An act to amend section seventeen (17) of "An act to incorporate and to g'overn fire, 
marine and inland navigation insurance companies doing business in the State of 
Illinois," approved March 11, 1869, in force July 1, 1869, and amended by an act in 
force July 1, 1877 252 

An act limiting the authority of fire insurance companies to reinsure or assume rein- 
surance on any risk or liability covering property located in whole or in part in this 
State 253 

An act to amend section one of an act entitled "An act to provide for the organization 
and management of fraternal beneficiary societies for the purpose of furnishing life 
indemnity or pecuniary benefits to beneficiaries of deceased members, or accident 
or permanent indemnity disability to members thereof, and to control such societies 
of this State and other states doing business in this State, and providing and fixing 
the punishment for violation of the provisions thereof, and to repeal ail laws now 
existing which conflict therewith." approved and in force June 22, 1S93; as amended 
by act approved June 21, 1895, in force July 1, 1895 255 

An act to amend sections 3 and 10 of an act entitled "An act -to provide for the estab- 
lishment of an insurance department and the appointment of an Insurance Super- 
intendent," approved June 20, 1893, in force July 1, 1893, and to add a section thereto. 256 

An act to provide for the deposit of reserve and the registration of policies and annu- 
ity bonds by life insurance companies of this State 257 

An act to provide for the organization, management and regulation of surety com- 
panies 260 

An act providing for a tax on gross premium receipts of insurance companies and 
associations other than life 265 

JURY COMMISSIONERS: 

' An act to amend section 1 of an act entitled "An act to authorize judges of courts of 
record to appoint jury commissioners and prescribing their powers and duties." ap- 
proved June 15. 1887, in force July 1, 18S7, as amended by act approved June 9. 1897, 
in force July 1, 1897 266 

JUSTICES AND CONSTABLES: 

An act to amend section two (2) of article one (1) of an act entitled "An act to revise 
the law in relation to justices of the peace and constables." approved June 26, 1895, 
in force July 1, 1395 267 

LABOR: 

An act to create free employment offices in cities of certain designated populations 
and to provide for the maintenance, management and control of same and to pre- 
vent private imitations of the name of the same and regulating private employment 
agencies 268 

MEDICINE AND SURGERY: 

An act to amend an act entitled "An act to insure the better education of the practi- 
tioners of dental surgery, and to regulate the practice of dentistry in the State of 
Illinois," approved May 30, 1881, in force July 1, 1881 272 

An act to regulate the practice of medicine in the State of Illinois and to repeal an act 
therein named 273 

An act to regulate the practice of veterinary medicine and surgery in the State of Ill- 
inois 277 

MILITARY AND NAVAL CODE: 

An act to amend section 2 of article 11 of an act entitled "An act to revise the military 
and naval code of the State of Illinois," approved June 10, 1897, in force July 1, 1897. 281 

An act to revise the military and naval code of the State of Illinois 282 

MINES AND MINING: 

An act to revise the laws in relation to coal mines and subjects relating thereto, and 
providing for the health and safety of persons employed therein 300 



CONTENTS. 



PARKS AND BOULEVARDS: 

An act to enable park commissioners to maintain and govern parks, boulevards, drive- 
ways, promenades and pleasure grounds under their control 326- 

An act to enable park commissioners to alter or enlarge park systems under their 
control by acquiring additional land or territory contiguous to, or abutting upon, 
any park, boulevard or driveway under the control of such park commissioners, and 
to pay for the lands or territory thus acquired 327 

An act to convey and designating certain submerged lands, known as "Lake Front,' 
for park purposes 32&> 

An act to amend sections eleven (11). fifteen (15), twenty-six (26) and thirty-eight (38) 
of an act entitled "An act to provide for the organization of park districts, and the 
transfer of submerged lands to those bordering on navigable bodies of water," ap- 
proved June 24, 1895, hi force July 1, 1895 329> 

RAILROADS: 

An act entitled "An act in regard to street railroads, and to repeal certain acts herein 
referred to" 331 

An act to amend section 25 of "An act in relation to fencing and operating railroads," 
approved March 31, 1874, in force July 1, 1874; as amended by an act approved Mav 
29, 1879, in force July 1, 1879 332 

EFORMATORY: 

An act to amend sections 16 and 17 of an act entitled "An act to establish the Illinois 
State Reformatory and making an appropriation therefor," approved June 18, 1891, 
in force July 1, 1891 338: 

REVENUE: 

An act to amend section 6 of an act entitled "An act for the assessment of property 
and providing the means therefor, and to repeal a certain act therein named," 
approved February 25, 1898 335 

An act to provide for the necessary revenue for State purposes 336 

ROADS AND BRIDGES: 

An act to amend section 1 of an act entitled, "An act to amend an act entitled 'An 
act to provide for the organization of road districts, the election and duties of offi- 
cers therein, and in regard to roads and bridges in counties not under township 
organization, and t« Bepeal an act and parts of an act therein named,' approved 
May 4, 1887, in force July 1, 1887, 'by adding thereto sections to be numbered 116 and 
117,' " approved June 18, 1891, in force July 1, 1891 33T 

An act to regulate the construction of bridges and culverts 338 

An act to amend section 21 of an act entitled "An act in regard to roads and bridges 
in counties under township organization, and to repeal an act and parts of acts 

therein named," approved June 23, 1883, in force July 1, 1883 33S 

An act in regard to itinerant camping on public highways 33& 

An act to enable counties not under township organization to levy taxes by a vote of 
the electors thereof, not in excess of one-half per cent annually for a period not 
exceeding ten years, to build, raise or repair roads upon or over lands subject to 
overflow or inundation from water from a navigable river or rivers, or over or upon 
land lying below flood line of such rivers, and to issue anticipation warrants upon 
such taxes 340 

An act to amend section 27 of an act entitled "An act in regard to roads and bridges 
in counties under township organization, and to repeal an act and parts of acts 
therein named," approved June 23, 1883, in force July 1, 1883 34$ 

SCHOOLS: 

An act to amend section 8 of article 2 of an act entitled "An act to establish and 
maintain a system of free schools," approved and in force May 21, 1889 313 

An act to amend Article VI of an act entitled "An act to establish and maintain a sys- 
tem ot free schools," approved and in force May 21, 1889, by adding thereto a new 
section, to be known as section 29 344 

An act giving cities organized under special charters and having the government of 
public schools under such charters the government of public schools in any terri- 
tory annexed to said cities, with the right to levy and assess taxes for school pur- 
poses against the property in said territory so annexed 345 

An act to enable boards of education or boards of school trustees to establish and 
maintain parental or truant schools 346- 

An act to amend sections 21, 25 and 26 of article 6 of "An act to establish and main- 
tain a system of free schools," approved May 21, 1889 348» 



CONTENTS. XI 



SCHOOLS-Concluded: 

An act to amend article VIII, section 202. of an act entitled "An act to establish and 
maintain a system of free schools," approved and in force May 21, 1S89 350 

An act to amend section 202, article 8, of an act entitled "An act to establish and 
maintain a system of free schools." approved May 21, 1889, and as the same is 
amended by an act approved February 24, 1898 350 

An act to amend section three of article 4. section eighteen of article four, section 
sixteen of article seven, section one of article nine and section seven of article nine 
of "An act to eatablish and maintain a system of free schools," approved May 21, 
1889, in force July 1, 1889 351 

SOLDIERS' AND SAILORS' HOME: 

An act to amend section 3 of an act entitled "An act to establish and maintain a 
soldiers' andsailors' home in the State of Illinois, and making- an appropriation for 
the purchase of land and the construction of the necessary buildings," approved 
June 26, 1885, in force July 1, 1885. as amended by an act approved June 19, 1893, in 
force July 1, 1893 354 

STATE BOARD OP HEALTH: 

■ An act to amend an act entitled "An act to create and establish a Board of Health in 
the State of Illinois," approved May 28, 1877, in force July 1, 1877, by adding thereto 
four new sections, to be numbered fifteen (15), sixteen (16), seventeen (17) and 
eighteen (18) 355 

STATE CONTRACTS: 

An act to amend sections 20, 29, 30, 31, 32. 33, 34 and 39 of an act entitled "An act to re- 
vise the law in relation to State contracts," approved March 31. 1874, in force July 1, 
1S74, as amended by act approved June 6, 1889, in force July 1, 1889 357 

STATE LANDS: 

An act to grant the city of Chicago certain land under the waters of Lake Michigan 
in the city of Chicago, county of Cook, and State of Illinois, for use as a pumping 
station for its system of intercepting sewers, so as to prevent the contamination of 
the waters of said lake 361 

TOWNSHIP ORGANIZATION: 

An act to amend section 1 of orticle 3 of "An act to revise the law in relation to town- 
ship organization." and in force March 4. 1874. as amended June 4, 1889, in force 
July 1, 1889, as amended June 21, 1895, in force July 1, 1895 362 

An act to amend the law in relation to counties under township organization, ap- 
proved and in force March 31, 1874 363 

TRADE AND COMMERCE: 

An act to regulate the shipping, consignment and sale of produce, fruits, vegetables, 
butter, eggs, poultry or other produce or property, and to license and regulate com- 
mission merchants and to create a board of inspectors and prescribe its powers 
and duties 364 

An act to amend section 7 of an act entitled "An act to protect associations, unions of 
workingmen and persons in their labels, trade marks and forms of advertising," 
approved May 8. 1891, in force July 1, 1891, as amended, by an act approved June 
13, 1895, in force July 1, 1895 367 

An act to provide for the appointment of a State food commissioner and to define his 
powers and duties and fix his compensation, and to prohibit and prevent adultera- 
tion, fraud and deception in the manufacture and sale of articles of food, and to 
repeal certain acts or parts of acts therein named 368 

UNITED STATES: 

An act ceding to the United States exclusive jurisdiction over certain lands acquired 
for public purposes within this State, and authorizing the acquisition thereof 375 

UNIVERSITIES: 

An act to provide that the board of trustees, directors or managers, or the senate of 
any college, seminary, acadeim or other educational institution incorporated under 
any general or special law of this Snte solely for educational purposes and possess- 
ing no capital stock may elect its own presiding officer 376 



XII CONTEXTS 



■JOINT RESOLUTIONS- 

Adjournments 377,378 

Canvass of election returns 378 

Committee on joint rules 378 

Convict labor systems — commission to investigate 378 

Independent companies to parade with arms 379 

Joseph Medill, death of 379 

Ohio Centennial and Northwest Territory Exposition 380 

Paris Exposition— appointment of commissioners 380 

Practice commission— appointment 3S0 

Publication of statements of expenditures 381 

Roberts, B. H., member of Congress from Utah 381 

Service pension for soldiers of the civil war 3S2 

Spanish- American war— concerning treaty of peace 382 

Spanish-American war— provisional regiments of Illinois Volunteers 382 

Spanish-American war— thanking charitable associations and other societies and in- 
dividuals for services i-endered 383 

Spanish-American war— thanking Miss Helen Gould 383 

Spanish- American war — thanking volunteer nurses and others 384 

St. Alban's Academy 384 

'War Department— advocating change in rules and regulations 384 

Washington's birthday— use of capitol tendered 385 

Wham. Major Joseph W., his restoration to rank as paymaster U. S. Army 385 



LAWS OF ILLINOIS 



AGRICULTURE. 



TRESPASS ON FAIR GROUNDS. 

I 1. Enacting clause. J I 16. fenalty for entering grounds without 

ticket or permit. 

An Act to amend an act entitled li An act to revise the law in rela- 
tion to the department of agriculture, agricultural societies, ag- 
ricultural fairs, and to provide for reports of the same, v ap- 
proved June 23, 1883, in force July 1, 1883, by adding thereto an- 
other section to be known as section 16. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That an act entitled. "An 
act to revise the law in relation to the department of agriculture, 
agricultural societies and agricultural fairs, and to provide for re- 
ports of the same," approved June 23, 1883, in force July 1, 1883, be, 
and the same is hereby, amended by adding thereto another section, 
to be known as section 16, and which shall be as follows: 

§ 16. That whoever, during the holding of any fair or exhibition 
of any agricultural, horticultural or mechanical association, shall 
gain or attempt to gain entrance to the grounds or enclosure within 
or upon which such fair or exhibition is being held, without having 
permission from the proper authorities thereof, or without having 
purchased and surrendered a ticket of admission thereto, or without 
having complied with the published rules of such association in re- 
gard to entrance thereto, shall be fined not less than two nor more 
than ten dollars. 

Approved April 24, 1S99. 



ANIMALS. 



ANIMALS. 



DOGS AND SHEEP. 

2 1. Amends Sections 3 and 5 of the act of I §5. Affidavit to show damages— Damages 

1879. proven by not less than two witnesses 

„ „ , —Damages not to exceed $5.00 per 

2 3. Duties of county treasurer and super- head 
visor— Disposition of license fund. 

An Act to amend sections 3 and 5 of an act entitled, "An act to 
indemnify the owners of sheep in cases of damages committed by 
dogs," approved May 29, 1879, in force July 1, 1879, as amended 
by act approved and in force May 30, 1881. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That sections 3 and 5 of an 
act entitled. "An act to indemnify the owners of sheep in cases of 
damages committed by dogs,' : approved May 29, 1879, and in force 
July 1, 1879, as amended by act approved and in force May 30, 1881, 
be, and the same is hereby, amended so as to read as follows: 

§ 3. It shall be the duty of the county treasurer and supervisors, 
having the custody of the funds collected as license fees, as afore- 
said, to pay the same out in the manner following: 

First — By such county treasurer to the owners of sheep in their 
respective counties, and by the supervisors to the owners of sheep in 
their respective towns, who shall make proof to them before the first 
Monday of March in each year of loss or injury to sheep by dogs, 
other than their own, the full amount of the loss or injury so proved, 
if there are funds sufficient to pay the same; if there be not sufficient 
funds to pay such loss or injury in full, then the owners of sheep so 
sustaining injury as aforesaid, and making proof thereof as in this 
act provided, shall be paid out of such fund in proportion to his loss 
or injury on his or her pro rata share thereof. 

Second — Three years after the collection of such license fund, if 
there shall remain in the hands of the town supervisor in counties 
under township organization, and [an] unexpended balance, such 
balance shall annually be turned into the general fund of the county, 
or township, as the case may be, and shall be used for the same pur- 
poses as money raised by general taxation. 

Provided, that in townships in which there are no sheep, as shown by 
the assessor's returns for that year, the license fund collected for the 
preceding year shall be turned into the general fund of the township 
on the first day of April. 

§ 5. No person having sheep killed as aforesaid shall be entitled 
to receive any portion of the fund herein provided for unless he ap- 
pear before the supervisor of the town in which the sheep are killed 
or injured or before a magistrate in counties not under township or- 
ganization, within not less than ten nor more than forty days after 



APPROPRIATIONS. 



the sheep were killed or injured, and make affidavit stating the num- 
ber of sheep killed or injured, the amount of damages and owner or 
owners of dog or dogs if known. 

All damages shall be proven by not less than two (2) witnesses, 
who shall be freeholders of the county, and such supervisors or 
magistrates are hereby authorized to administer oaths in such cases, 
and shall keep a record in each case of the names of owners and the 
amount. of damage proven and the number of sheep killed or injured. 
And in case the owner of the dog or dogs is solvent, the county or 
town, as the case may be, shall not pay such damages out of such 
fund. 

Provided, the damages allowed in no event shall exceed five dol- 
lars per head for such sheep killed or injured.. 

Approved April 21, 1899. 



APPROPRIATIONS. 



ADJUTANT GENERAL. 

I 1. Appropriates $5,000 to revise Adjutant I I 2. How drawn. 
General's reports. 

An Act making an appropriation to revise and correct the reports 
of the Adjutant General, 1861-1866, containing the rosters of the 
Illinois regiments in the civil war, and preparing the rosters of 
the Illinois volunteers in the American-Spanish war of 1898, for 
publication. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That the sum of five thous- 
and (5,000) dollars, or so much thereof as may be necessary, be, and 
the same is hereby, appropriated for the payment of clerks to revise, 
correct and prepare the manuscript for a reprint of the Adjutant 
General's reports for the years 1861-1866, containing the records of 
the Illinois volunteers in the civil war, which records have been 
altered, amended and in many cases completed by the War Depart- 
ment at Washington, D. C, thus leaving the present printed rosters, 
in many cases incomplete and incorrect, as well as the rosters of the 
Illinois volunteers who entered the United States service in the 
American-Spanish war of 1898. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant for the sum herein specified upon the 
presentation of proper vouchers, certified to by the Adjutant Genera) 
and approved by the Governor, and the State Treasurer shall pay the 
same out of the fund hereby appropriated. 

Approved Appril 24, 1899. 



APPROPRIATIONS. 



APPELLATE COURTS. 

I 1. Appropriates S3.000 for heating plant § 2. How drawn, 
and connecting with sewerage system 
of Ottawa for the second district Ap- 
pellate Court building. 

An Act making appropriations for the construction and equipment 
of a heating plant and for connecting the appellate court building 
of the second appellate court district with the sewerage system of 
the city of Ottawa. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That the sum of $3,000 be, 
and is hereby, appropriated for the purpose of constructing; and 
equipping a heating plant, and connecting the building with the 
sewerage system of the city of Ottawa, for the appellate court 
building of the second district. 

§ 2. That the Auditor of Public Accounts is hereby authorized 
to draw his warrant on the State Treasurer for the amount herein- 
before appropriated, upon orders drawn by the appellate court clerk 
of said district approved by at least two of the appellate judges of 
said district. 

Approved April 24, 1899. 



COURTS — APPELLATE. 

't 1. Appropriates S3. 000 for heating apparatus for appellate court building at Mt. Vernon. 

How drawn. 

An Act making an appropriation to provide heating apparatus for 
the appellate court building for the fourth district appellate court, 
in the city of Mt. Vernon, Illinois. 

Section 1. Be it enacted by the People of the Stcde of Illinois 
represented in the General Assembly: That there is hereby appro- 
priated the sum of three thousand dollars, or so much thereof as 
may be necessary, for the purpose of providing suitable heating- 
apparatus for the appellate court building for the appellate court of 
the fourth district, in the city of Mt. Vernon, Illinois. Said heating 
apparatus to be purchased in the State of Illinois, and payment to 
be made upon bills certified to by at least two of the judges of said 
appellate court. 

Approved April 22, 1899. 



APPROPRIATIONS. 



AWARDS BY COMMISSION OF CLAIMS. 

\ 1. Appropriates S3, 376. 15 for amounts I I 2. How drawn, 
awarded by the commission of claims. | 

An Act to make appropriation for the payment of amounts 
awarded by the commission of claims to certain persons named 
therein. 

Section 1 . Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That there be, and is hereby, 
appropriated to Greely Carlson and Company the sum of five hun- 
dred (500) dollars for furnishing maps and surveys to the Attorney 
General, awarded by the commission of claims December 21, 1896; 
to John R. O'Connor the sum of two hundred and ninety-sis and 
twenty-five one-hundredths (296.25) dollars for services as stenog- 
rapher in case of the People of the State of Illinois versus Elizabeth 
Cooling, awarded by the commission of claims December 23, 1896; 
to George Mills Rogers the sum of two hundred thirty-four and 
thirty-eight one-hundredths (234.38) dollars for services as master in 
chancery in case of the People of the State of Illinois versus Eliza- 
beth Cooling, awarded by the commission of claims December 23, 
1896; to George Hingston the sum of one hundred seventy-eight 
and six one-hundredths (178.06) dollars for services rendered Senate 
committee of the 38th General Assembly in investigation of Joliet 
Penitentiary, awarded by the commission of claims December 16, 
1897; to E. B. Sherman the sum of seventy-five (75) dollars for 
services as master in chancery in case of the People of the State of 
Illinois versus Illinois Central Railroad Company, awarded by com- 
mission of claims August 10, 1898; to the Arms Palace Horse Car 
and Stock Car Company the sum of eighty (80) dollars for trans- 
porting horses for the Illinois National Guard, awarded by the com- 
mission of claims August 10, 1898; to C. Kinney Smith the sum of 
two hundred and fifty (250) dollars for damages to real estate caused 
by the Illinois and Michigan Canal, awarded by commission of 
claims December 14, 1898; to James F. Green the sum of twelve 
hundred (1200) dollars for injury received while in the line of duty 
as a member of the Illinois National Guard, caused by the explosion 
of a rifle, awarded by the commission of claims December 21, 1898; 
to John H. Hamlin the sum of five hundred and thirty-one (531) 
dollars for legal services in case of the People of the State of Illinois 
versus Illinois Central Railroad Company, awarded by the commis- 
sion of claims December 21, 1898, and to Charles D. Roberts the sum 
of thirty-one and forty-six one-hundredths (31.46) dollars for sup- 
plies furnished Wm. H. Hinrichsen, Secretary of State, awarded by 
the commission of claims December 29, 1898. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants on the State Treasurer in favor of said 
persons, respectively, for the amounts herein appropriated, payable 
out of any money in the treasury not otherwise appropriated. 

Approved April 12, 1899. 



APPROPRIATIONS. 



MONUMENTS TO MARK POSITIONS, SHILOH, TENNESSEE. 



§ 3. Commissioners to receive only actual 
expenses. 

? 4. How drawn. 



I 1. Appropriates $65,000 to mark positions 
of Illinois troops at Shiloh, and to 
pay expenses of commissioners to 
locate same. 

I 2. Authorizes commissioners to procure 
granite monuments and markers — 
Monument to Major-General W. H. 
Wallace. 

An Act to provide for the erection of monuments to mark the posi- 
tions occupied by Illinois volunteers in the battle of Shiloh, Ten- 
nessee, and to make an appropriation to pay for the same and to 
pay the expenses of the commissioners . 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That for the purpose of per- 
petuating the memory of those who participated in, and designating 
by proper monuments and markers of granite the positions of the 
several commands of Illinois volunteers engaged in the battle of 
Shiloh. Tennessee, and to cover the actual expenses of the commis- 
sioners appointed by virtue of an act of the Fortieth General As- 
sembly, for the purpose of locating the positions occupied by the 
volunteers from this State on the battlefield of Shiloh, the sum of 
sixty-five thousand dollars ($65,000), or so much thereof as may be 
necessary, be, and the same is hereby, appropriated out of any money 
in the State treasury not otherwise appropriated. 

§ 2. That the commissioners heretofore appointed to mark the 
position occupied by the Illinois troops in the battle of Shiloh. or 
those who may hereafter be appointed, are hereby authorized and 
empowered to make contracts for the construction, delivery and erec- 
tion upon said battlefield of one monument for each regiment and 
detached organization, and one monument for each battery of Illinois 
volunteers who participated in said battle; such monuments to be 
made entirely of granite and appropriately inscribed, at a cost of not 
exeeding seven hundred and fifty dollars for each of said monuments 
complete and placed in its final position, and one monument that 
shall appropriately represent the State of Illinois. The site of such 
monument and the cost thereof shall be left to the discretion of the com- 
missioners: Provided, such cost shall not exceed the sum of ten 
thousand ($10,000) dollars. There may also be erected, marking 
the spot where Major General W. H. L. Wallace fell, a suitable 
memorial or monument, the cost not to exceed one thousand ($1,000) 
dollars, and said commissioners are hereby further authorized and 
empowered to contract for the construction, delivery and erection on 
said battlefield of not more than one hundred and twenty-five (125) 
granite markers, such markers not to exceed in cost the sum of 
seventy-five ($75) dollars each. 

§ 3. That for the services of said commissioners required to be 
performed under section 2 of this act there shall be no compensation, 
but said commissioners shall receive the actual expenses incurred by 



APPROPRIATIONS. 



them in the premises to an amount not exceeding in the aggregate 
the sum of three thousand ($3,000) dollars, to be paid out of the 
appropriation hereby made. 

§ 4. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrants on the treasury upon the presentation 
to him of proper vouchers certified by the said commissioners and 
approved by the Governor and Adjutant General in payment for said 
monuments and markers when contracted, delivered and erected in 
the places designated by said commissioners, and that one-half of 
the sum hereby appropriated shall be paid out of the taxes levied for 
the year 1899 and the other half out of the sum so appropriated 
shall be paid out of the taxes levied for the year 1900. 

Approved April 24, 1899. 



DEDICATION OF BATTLEFIELD MONUMENTS. 

I 1. Appropriates 85,000 for dedicating mon- ] \ 2. How drawn, 
uments on certain battlefields. 

An Act making an appropriation to pay the expenses for dedicating 
the monuments erected by the State of Illinois on the battlefields 
of Chickamauga, Georgia, and in and about Chattanooga, Tennes- 
see, including Lookout Mountain, Orchard Knob and Missionary 
Ridge, marking the locations where Illinois volunteers partici- 
pated in such battles, together with actual expenses of the Illinois, 
Chickamauga and Chattanooga military park commission. 

Whereas, By act of the Thirty-ninth General Assembly, ap- 
proved May 22, 1895. the sum of $65,400 was appropriated for the 
purpose of erecting monuments on the battlefields of Chickamauga, 
Georgia, and on the battlefields in and about Chattanooga, Tennes- 
see, including Lookout Mountain, Orchard Knob and Missionary 
Ridge, in commemoration of, and to locate the positions where, the 92 
regiments and batteries of Illinois volunteers participated in those 
historic engagements; and 

Whereas, The various monuments so provided for, marking the 
positions where the Illinois volunteers fought in said battles, are 
practically complete and in position; and 

Whereas, It seems that soms formal dedication of such monu- 
ments should be had; therefore 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That the sum of five thou- 
sand ($5,000) dollars, or so much thereof as may be necessary, is hereby 
appropriated to pay the necessary expenses for dedicating the monu- 
ments erected in commemoration of the services of Illinois volunteers, 
located on the battlefields of Chickamauga, Georgia, and in and 
about Chattanooga, Tennessee, including Lookout Mountain. Orchard 
Knob and Missionary Ridge, together with the actual expenses of the 
Illinois Chickamauga and Chattanooga military park commission. 



APPROPRIATIONS. 



§ 2. That the Auditor of Public Accounts is hereby authorized 
and directed to draw his warrant upon the State Treasurer for the 
sum hereby appropriated on the presentation of proper vouchers by 
the Illinois Chickaniauga and Chattanooga military park commission, 
certified by the Adjutant General and approved by the Governor, and 
the State Treasurer shall pay the same out of the money hereby ap- 
propriated. 



Approved April 21. 1899. 



CHARITABLE INSTITUTIONS. 



COLONY FOR EPILEPTICS. 



2 4. Board to make report to Governor. 
Contents of report. 

I 5. Appropriates 82,500 to carry out pro- 
visions of act. 

I 6. How drawn 



§ 1. Establishment of colony for epileptics. 
Board of Commissioners of Public 
Charities Ex-offlcio trustees. 

I 2. Object. Location. 

§ 3. Preparation of plau sand specifications. 
Cottage system or plan. 

An Act to establish the Illinois State Colony for Epileptics and for 
making an appropriation therefor. 

Whereas. The Forty-first General Assembly of the State of Illi- 
nois, recognizes the duty of the State to provide proper care for such 
of its citizens as are. or may become, afflicted with the disease of 
epilepsy ; therefore 

Section 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly : That there is hereby estab- 
lished the Illinois State Colony for Epileptics which shall, through the 
Board of Commissioners of Public Charities, who shall be ex-officio 
trustees for said colony till otherwise provided by law, possess all 
corporate and other powers and be subject to all the rules, regula- 
tions and conditions, so far as the same may be applicable, expressed 
in an act entitled, ''An act to regulate the State Charitable Institu- 
tions and State Reform Schools and to improve .their organization 
and increase their efficiency,'''' aprjroved April 15, 1875. 

§ 2. The object of said colony shall be to secure humane, cura- 
tive and scientific treatment and care of epileptics. In fulfillment 
of said object the Board of Commissioners of Public Charities are 



APPROPRIATIONS. 



hereby empowered, and directed to select a suitable location for the 
construction of said colony and secure an option on the same. Said 
board is hereby directed to take into consideration the natural apti- 
tude of any jjroposed location for the purpose of husbandry, adequate 
possible supply of land for said purpose of husbandry at reasonable 
price, natural facilities of any proposed location for adequate and 
suitable drainage for all necessary buildings or improvement and an 
ample natural water supply for the requirements of said epileptic 
colony and such other advantages and adaptability as in their 
judgment may be necessary to the erection of a model epileptic 
colony. 

§ 3. The Board of Commissioners of Public Charities are hereby 
directed to have prepared suitable plans and specifications, on the 
cottage system or plan, for the construction of the necessary build- 
ings and improvements for the construction of said epileptic colony. 

§ 4. The Board of Commissioners of Public Charities is hereby 
directed to report all its acts under this act to the Governor not later 
than thirty days x^revious to the meeting of the Forty-second General 
Assembly of the State of Illinois in its first, or regular session, that 
the same may be reported to said Assembly. In said report they 
shall include a bill for a proposed act making provisions for "control 
and management of said epileptic colony. 

§ 5. There is hereby appropriated the sum of twenty- five hundred 
dollars, or as much thereof as may be necessary, to expend for the 
purposes of this act. The necessary expenses of the Board of Com- 
missioners of Public Charities in carrying out the provisions of this 
act shall be defrayed out of said appropriation. 

§ 6. The Auditor of Public Accounts is hereby authorized and 
required to draw his warrant upon the State Treasurer for the amount 
herein appropriated upon presentation of proper vouchers certified 
to by the Board of Commissioners of Public Charities and approved 
by the Governor. 

Approved April 19, 1899, 



10 



APPROPRIATIONS. 



STATE CHARITABLE INSTITUTIONS. 



FOR IMPOVEMENTS AND REPAIRS. 



1. Appropriates $1,194,755 to the State 
Charitable Institutions as follows: 

To the Northern Hospital for 
the Insane $85, 750 

To the Eastern Hospital for 
the Insane 150, 800 

To the Western Hospital for 
the Insane 62, 500 

To. the Central Hospital for 
the Insane 65, 838 

To the Southern Hospital for 
the Insane 78, 900 

To the Asylum for the Incur- 
able Insane 377, 000 

To the Asylum for Insane 
Criminals 8, 100 



To the Institution for the Edu- 
cation of theDeaf and Dumb 25, 700 

To the Institution for the Ed- 
ucation of the Blind 14,967 

To the Asylum for Feeble- 
Miuded Children 239,600 

To the [Soldiers' and Sailors' 
Home 32,000 

To the Soldiers' Orphans' 
Home 23,100 

To the Soldiers' Widows' 
Home 2,500 

To the Charitable Eye and Ear 
Infirmary 10, 200 

To the State Home for Female 
Juvenile Offenders 17,800 

How drawn. 



An Act making appropriations for the State charitable institutions 

herein named. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That the following sums be, 
and are hereby, appropriated to the State institutions named in this 
act, for the purposes herein stated, for the two years beginning July 
1, 1899, the sum of $1,194,755, and that the said appropriation shall 
be apportioned between the institutions as follows: 



TO THE NORTHERN HOSPITAL FOR THE INSANE, ELGIN: 



For repairs and improvements, per annum, $10,000 , 

For morgue 

For painting 

For care and improvement of ground, per annum, $1,000. 

For maintenance of library 

For milch cows 

For new beds and furniture 

For extension of cement walk 



$20,000 
2,000 
4,000 
2,000 
1,000 
2,000 
3,000 
1,000 



APPROPRIATIONS. 11 



For farm building and implements $ 1,000 

Steam plant 5,000 

For repairing cottage (patients') 750 

For new plumbing in main building 5,000 

For new electric wiring throughout 4,000 

For infirmary for females 35,000 

Total $85,750 

TO THE EASTERN HOSPITAL FOR THE INSANE, KANKAKEE. 

For chapel, gymnasium and amusement building $40,000 

For furnaces and boilers 10,000 

For power plant 20,000 

For electric wiring 5,000 

For improving and repairing plumbing system 5,000 

For live stock and farm implements 2,500 

For pathological laboratory and scientific work 2,500 

For library and reading room 1,000 

For garden propagation building 1.500 

For furniture 4,000 

For cement walk 2,500 

For painting 5,000 

For improvement of ground, per annum, $2,000 4,000 

For drainage, sewerage and sewage disposal 2,000 

For lawn irrigation plant 800 

For improvement of garden 2.000 

For equipment of patients' workshop 1,500 

For remodeling two cottages . 1.500 

For general improvement and repairs, per annum, $20,000 40,000 



Total $150,800 

TO THE WESTERN HOSPITAL FOR THE INSANE, WATERTOWN. 

For completing steam, water and lighting plant $17,000 

For two barns with necessary sheds 7,500 

For detention hospital or infirmary 20,000 

For cold storage and store 3,500 

For roads and walks 6,500 

For fences 1,000 

For laundry machinery 500 

For printing press, workshop, machinery and tools 1,000 

For library 500 

For improvements and repairs, $2,500 per annum 5,000 



Total $62,500 

TO THE CENTRAL HOSPITAL FOR THE INSANE, JACKSONVILLE. 

For repairs and improvement fund, $10,000 per annum. . . $20,000 

For grounds, $1,000 per annum 2,000 

For painting 5,000 



12 APPROPRIATIONS. 



For library, $500 per annum $ 1,000 

For furniture 4,000 

For farm implements 1,000 

For improvement in power and heating plant 20,000 

For plumbing 5,000 

For paving assessment 7,838 



Total $65,838 

TO THE SOUTHERN HOSPITAL FOR THE INSANE, ANNA. 

For improvements and repairs per annum, $8,000 $16,000 

For roads and grounds, per annum, $1,000 2,000 

For replacing library 1,000 

For library, per annum, $200 400 

For re-building male cottage 40,000 

For additional store room 3,000 

For re-flooring and refurnishing north wing of main 

building 3,000 

For repairs to sewerage 2,500 

For re-shingling barn 500 

New range and annex kitchen " ' ' ' 500 

For painting administration building 4,000 

For farm machinery and stock 1,500 

For steel ceiling, per annum, $1.000 2,000 

For granitoid floor in annex basement and main kitchen. 2,500 



Total $78,900 

TO THE ASYLUM FOR THE INCURABLE INSANE, BARTONVILLE. 

For nine cottages, $15,000 each $135,000 

For one hospital building , 25,000 

For two dining rooms, $10,000 each 20.000 

For one bath house 2,500 

For one power house 10,000 

For one water tower 8,000 

For one horse barn 2,500 

For one cow barn 2,500 

For one milk house 1,000 

For twenty horses 2,000 

For fifty cows 2,000 

For water supply, pipes, etc 10,000 

For machinery and work shop 2,000 

For heating 30,000 

For installation of power plant, etc 10,000 

For lighting 10,000 

For sewerage 10,000 

For walks bridges, retaining walls and roads and grading. 15,000 

For boilers 5,000 

For machinery and fixtures for laundry 4,000 



APPROPRIATIONS. 13 



For fixtures for kitchen and bakery $ 2,000 

For pump 2.500 

For hot air ventilating fans, etc 5,000 

For farming implements, wagons, etc 1,000 

For furnishing building, etc 60,000 

Total $377,000 

TO THE ASYLUM FOR INSANE CRIMINALS, CHESTER. 

For repairs and improvements, $1,000 per annum $2,000 

For furnishing and furniture, $500 per annum 1,000 

For maintenance of library, $200 per annum 400 

For electrical supplies, $500 per annum 1,000 

For water supply, $600 per annum 1,200 

For water furnished by Southern Illinois Penitentiary, 

now due 600 

For carpeting and repairing 400 

For plumbing 500 

For re-flooring and re-roofing 500 

For roads and maintenance of the same 500 

Total $8,100 

TO THE INSTITUTION FOR THE EDUCATION OF THE DEAF AND DUMB, 

JACKSONVILLE. 

For repairs and improvements, per annum, $5,000 $10,000 

For hospital funds (otological laboratory and expert 

medical treatment) per annum, $1,250 2,500 

For maintenance of library, per annum, $500 1,000 

For furniture funds 5,000 

For renewal and extension of light and power plant 3,750 

For water supply 2,250 

For perfecting heating system 1,200 

Total $25,700 

TO THE INSTITUTION FOR THE EDUCATION OF THE BLIND, JACKSONVILLE. 

For repairs and improvements, per annum, $2,500 $5,000 

For maintenance of library and apparatus, per annum, 

$400 800 

For material for printing department 1,000 

For wells, cistern and apparatus for raising and storing 

water 4,000 

For electric light plant 2,167 

For fire-proof vault 2,000 

Total $14,967 



14 



APPROPRIATIONS. 



TO THE ASYLUM FOR FEEBLE MINDED CHILDREN, LINCOLN. 

For the purchase of one boiler and two furnaces $ 

For improvement and repairs, $3,500 per annum 

For maintenance of library, $300 per annum 

For painting, $1,000 per annum 

For re-plumbing and re-construction of bath rooms and 
water closets 

For addition to laundry and new machinery for same. . . . 

For new industrial shop 

For stand pipe 

For repairs to electric light plant 

For new furniture 

For construction and furnishing of new buildings to ac- 
commodate 500 additional inmates 



5 2,500 

7,000 

600 

2,000 

10,000 
2,000 
4,000 
3,500 
4,000 
3,000 



200,000 



Total $239,600 



TO THE SOLDIERS' AND SAILORS' HOME, QUINCY. 



For maintenance of library, per annum, 
For repairs and improvements, per annum, $5,000. 
For improvements of grounds, per annum, $500. . . 
For roads, walks and bridges, per annum, $1,000. . 

For painting, per annum, $1,500 

For metal ceilings for hospital and cottages 

For fencing 

For hospital 



Total. 



$ 1,000 
10,000 
1,000 
2,000 
3,000 
2,000 
1,000 
12,000 

$32,000 



TO THE SOLDIERS ORPHANS HOME, NORMAL. 

For repairing buildings and grounds, (immediate use) . . 

For repairs for two years, $2,500 per annum 

For building a new hospital and equipping the same . . . 

For changing old hospital into school house 

For a conservatory 

For renewing library, per annum, $300 



Total. 



] 5.000 
5,000 

10.000 

1,000 

1.500 

600 



$23,100 



TO SOLDIERS' WIDOWS' HOME, WILMINGTON. 

For improvements and repairs $2,500 

Total $2,500 



TO THE CHARITABLE EYE AND EAR INFIRMARY, CHICAGO. 

For improvements and repairs $4,000 

Clothing and bedding 2,000 



APPROPRIATIONS. 15 



Furniture $2,000 

Instruments and apparatus 2,000 

Library 200 



Total $10,200 

TO THE STATE HOME FOR FEMALE JUVENILE OFFENDERS, GENEVA. 

For hospital and barn $2,500 

For deep well and pump , 1,500 

For building ice house 500 

For the purchase of land (40 acres) east of and adjoining 

present site 4,000 

For repairs and improvement of buildings, $3,000 per an- 
num 6 000 

For paroling and discharging girls, $500 per annum 1,000 

For library, $200 per annum 400 

For school supplies, $200 per annum 400 

For medical supplies, $250 per annum 500 

For farm, stock and garden implements, $500 per annum. 1,000 



otal $17,800 

§ 2. The moneys herein appropriated shall be due and payable to 
the trustees of the several institutions herein named, or their order, 
only on the terms and in the manner now provided by law. 

Approved April 24, 1899. 



CHARITABLE INSTITUTIONS. 



FOR ORDINARY eXPEXSES. 

\ 3. How drawn. 



§ 1. Appropriates SI, 488,000 for the ordinary 
expenses of the State charitable in- 
stitutions for 1899. 

\ 2. Appropriates $1,655, 520 for the ordinary- 
expenses of the State charitable in- 
stitutions for 1900. 

An Act making an appropriation for the ordinary and other ex- 
penses of the State charitable institutions herein named. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be, and is hereby, 
appropriated for the purpose of defraying the ordinary expenses of 
the State institutions named in this act, for the year beginning July 
1, 1899, the sum of $1,488,000, payable quarterly in advance, and that 
the said appropriation shall be apportioned between the said institu- 
tions as follows: 

To the Northern Hospital for the Insane. Elgin $166,000 

To the Eastern Hospital for the Insane, Kankakee 322.000 



16 APPROPEIATIONS. 



To the Western Hospital for the Insane. Watertown $ 90,000 

To the Central Hospital for the Insane, Jacksonville 165,000 

To the Southern Hospital for the Insane, Anna 140,000 

To the Asylnm for the Incurable Insane, Bartonville 40,000 

To the Asylum for Insane Criminals, Chester 35,000 

To the Institution for the Education of the Deaf and 

Dumb, Jacksonville 92.000 

To the Institution for the Education of the Blind. Jack- 
sonville 38,000 

To the Asylum for Feeble-Minded Children, Lincoln 112.500 

To the Soldiers' and Sailors' Home, Quincy 176,000 

To the Soldier's Orphans' Home, Normal 57,500 

To the Charitable Eye and Ear Infirmary, Chicago 32,000 

To the State Home for Female Juvenile Offenders, Geneva 22.000 

Total .$1,488,000 

§ 2. For the purpose of defraying the ordinary expenses of the 
said State institutions for the year beginning July 1. 1900, the sum 
of $1,655,520 is appropriated, payable quarterly in advance, and that 
the said appropriation shall be apportioned between the said institu- 
tions, and at the same rate thereafter until the expiration of the first 
fiscal quarter after the adjournment of the next General Assembly, 
as follows: 

To the Northern Hospital for the Insane, Elgin $166,000 

To the Eastern Hospital for the Insane. Kankakee 322,000 

To the Western Hospital for the Insane. Watertown 99,520 

To the Central Hospital for the Insane. Jacksonville 165.000 

To the Southern Hospital for the Insane, Anna 140,000 

To the Asylum for the Incurable Insane, Bartonville 100,000 

To the Asylum for Insane Criminals, Chester 35,000 

To the Institution for the Education of the Deaf and 

Dumb, Jacksonville 100,000 

To the Institution for the Education of the Blind, Jack- 
sonville 50,000 

To the Asylum for Feeble-Minded Children, Lincoln 187,500 

To the Soldiers' and Sailors' Home. Quincy 176.000 

To the Soldiers' Orphans' Home, Normal 57.500 

To the Soldiers' Widows' Home, Wilmington 10,000 

To the Charitable Eye and Ear Infirmary, Chicago 32,000 

To the State Home for Female Juvenile Offenders, Geneva 25,000 

Total .$1,655,520 

§ 3. The moneys herein appropriated shall be due and payable to 
the trustees of the several institutions named, or to their order, only 
on the terms and in the manner provided in the nineteenth section of 
an act entitled, "An act to regulate the State charitable institutions 
and the State reform school, and to improve their organization and 
increase their efficiency." 

Approved April 24, 1899. 



APPROPRIATIONS. 17 



DAIRYMEN S ASSOCIATION. 

I 1. Appropriates 81,500 per annum for cOjjI- \ i 2. How drawn, 
piling publishing and distributing 
report, and other expenses. 

An Act making appropriation in aid of the Illinois Dairymen's 

Association. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That the sum of one thousand 
five hundred (1.500) dollars per annum be. and the same is hereby, ap- 
propriated to aid the Illinois Dairymen's Association in compiling, 
publishing and distributing its report, and other necessary expenses. 

§ 2. The Auditor of Public Accounts is hereby authorized to draw 
his warrant upon the State Treasurer for the sum in this act specified, 
on bills of particulars certified to by the officials of said association, 
to the order of the president of said association, and the State Treas- 
urer shall pay the same out of any funds in the State treasury not 
otherwise appropriated. 

Approved April ,21, 1899. 



EDUCATIONAL INSTITUTIONS. 

STATE XORilAL SCHOOLS. 

I 1. Appropriates 8155,101 to the State edu- § 2. How drawn, 
cational institutions as follows: 
To the Northern Illinois State 

Normal School S9S, 339 

To the Eastern Illinois Nor- 
mal School 10.000 

.To the Southern Illinois Nor- 
mal University 5, 375 

To the State Normal Univer- 
sity 5,390 

An Act making appropriation for the State educational institutions 

herein named. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That the following sums be. 
and are hereby, apppropriated to the State institutions named in this 
act. for the purposes herein stated, for the two years beginning July 
1, 1899. the sum of $155,104. and that the said appropriation shall be 
apportioned between the institutions as follows: 

TO THE NORTHERN ILLINOIS STATE NORMAL SCHOOL. DE KALB. 

For electric wiring % 300 

For electric plant 4.000 

For electric fixtures 1.000 

For plumbing 7.350 

For sewerage 2.500 

9 



18 APPROPRIATIONS. 



For marble work, etc $10,000 

For black boards 1.200 

For hardware 575 

For seating 6.000 

For teachers" desks 400 

For carpet and furniture for president's and reception room 800 

For painting 1 .500 

For pipe trenches 2.000 

For boxes in cloak room ... 500 

For boiler and dynamo room, steam heating plant and fresh 

air ducts to fan room 30.000 

For gymnasium 1.500 

For furnishing library 2.000 

For window shades 1.575 

For wire guards, etc 600 

For glass skylight • 1.250 

For walks, fences and grading.. 11.000 

For balance to complete contract 12.2S9 



Total • 898.339 

TO THE EASTERN ILLINOIS NORMAL SCHOOL. CHARLESTON. 

For material purchased by Angus & Grindele, used by them $7,400 00 

For completing building * 2.060 00 

Due Briggs and Fuller on contract 6.596 15 

For walks, fences and grading 5.000 00 

For blinds for buildings "' 1.500 00 

For desks 600 00 

For teachers' desks 250 00 

For desks in assembly room and seating same 1.000 00 

For piano ' 325 00 

For typewriter and desk 100 00 

For furniture and carpets for president's and reception 

room 400 00 

For desks for platform, assembly hall and society hall .... 300 00 

For expenses of boiler house 4.000 00 

For library fixtures and gymnasium 6.000 00 

For museum 1.000 00 

For laboratory 3.000 00 

For library, landscape gardening and grading 6.318 85 

For revolving book cases 150 00 



Total $46,000 00 

TO THE SOUTHERN ILLINOIS NORMAL UNIVERSITY. CARBONDALE. 

For the purchase of museum cases, library furniture, fix- 
tures for lightings students' desks and repairs, and for 
sinking and completing an artesian well $5,375 00 



Total $5,375 00 



APPROPRIATIONS. 19 



TO THE STATE NORMAL UNIVERSITY. NORMAL. 

For repairing practice school building $1,125 00 

For repairing porches and old museum rooms 525 00 

For change in society hall 140 00 

For painting two society halls and gymnasiums 500 00 

For burning off old paint from wood work and painting 

all of outside of old building 1,250 00 

For changing platform and making sloping floor in main 

building. 650 00 

For seating hall on third floor of main building 1.200 00 



Total $5,390 00 

§ 2. The Auditor of Public Accounts is hereby authorized and re- 
quired to draw his warrants upon the State Treasurer for the afore- 
said sum of money upon the order of the board of trustees of said 
educational institutions herein named, signed by the president and 
attested by the secretary of said board, with the corporate seal of said 
institution attached, and approved by the Governor. 

Approved April 24, 1899. 



EDUCATIONAL INSTITUTIONS. 



STATE NORMAL SCHOOLS. 



I 4. To Illinois State Normal University 
one-half the interest of the college 
and seminary funds for ordinary 
expenses. Proviso. 

g 5. How drawn. 



\ 1. Appropriates 8125.723.22 for ordinary 
expenses of State Normal Schools 
for 1899. 

I 2. Appropriates $125, 723.22 for ordinary 
expenses of State Normal Schools 
for 1900. 

-\ 3. To Southern Illinois Normal Univer- 
sity one-half the interest on college 
and seminary fund for ordinary ex- 
penses. 

An Act- making appropriation for the ordinary expenses of State 
educational institutions herein named. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That there be, and is hereby, 
appropriated for the purpose of defraying the ordinary expenses of 
the State institutions named in this act for the year beginning July 
1, 1899, the sum of $125,723.22 payable quarterly in advance and that 
the said appropriation shall be apportioned between the said institu- 
tions as follows: 

To the Northern Illinois State Normal School, DeKalb. . $33,000 00 

To the Eastern Illinois State Normal School, Charleston 33,000 00 

To the Southern Illinois Normal University. Carbondale 26,723 22 

To the State Normal University, Normal. . . .' 33,000 00 



Total 1125,723 22 



20 APPROPRIATIONS. 



§ 2. For the purpose of defraying the ordinary expenses of the 
said State institutions for the year beginning July 1, 1900, the sum 
of $125,723.22 is appropriated, payable quarterly in advance, and that 
the said appropriations shall be apportioned between the said insti- 
tutions and at the same rate thereafter until the expiration of the 
first fiscal quarter after the adjournment of the next General Assem- 
bly, as follows: 

To the Northern Illinois State Normal School, DeKalb. . $33,000 00 

To the Eastern Illinois State Normal School, Charleston 33,000 00 

To the Southern Illinois Normal University, Carbondale 26,723 22 

To the State Normal University, Normal . .' 33,000 00 



Total $125,723 22 

§ 3. That there be. and is hereby, further appropriated to the 
Southern Illinois Normal University, at Carbondale, for ordinary 
expenses, one-half the interest on the college and seminary fund. 

§ 4. That there be, and is hereby, further appropriated to the Illi- 
nois State Normal University, at Normal, for ordinary expenses, one- 
half of the interest of the college and seminary funds: Provided? 
that the expenses of the model school connected with and forming 
a part of the State Normal University, shall be paid out of the re- 
ceipts of the tuition of pupils of said school, and not from the above 
appropriation or any part thereof. 

§ 5. The Auditor of Public Accounts is hereby authorized and 
required to draw up his warrant upon the State Treasurer of said 
sums appropriated for the ordinary expenses quarterly, as aforesaid, 
upon the order of the trustees of the said institution signed by the 
president and attested by the secretary, with the corporation seal 
thereto attached: Provided, satisfactory vouchers in detail, approved 
by the Governor, shall be filed quarterly with the said Auditor of 
Public Accounts for all expenses of the preceding quarter, and no- 
part of the money hereby appropriated shall be due and payable 
until such vouchers have been filed. 

Approved April 21, 1899. 



EXECUTIVE MANSION. 

I 1. Appropriates $4,500 for erecting a barn I I 2. How drawn, 
on the Executive Mansion grounds. 

An Act for an act making appropriation for the construction of a 
barn on the grounds of the Executive Mansion. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That there be, and is hereby, 
appropriated the sum of $4,500, to be expended under the direction 
of the Secretary of State, for the purpose of erecting a barn on the 
Executive Mansion grounds in Springfield, Illinois. 



APPROPRIATIONS. 



21 



§ 2. The Secretary of State is hereby authorized and directed to 
cause the construction of the barn mentioned in section 1 of this 
act. The contract for the construction of said barn may be made by 
the said Secretary with the approval of the Governor, and the Auditor 
of Public Accounts is hereby authorized to issue his warrant on the 
State Treasurer in the payment of bills for same when they are prop- 
erly certified to by the Governor and Secretary of State. 

Approved April 10, 1899. 



FARMERS INSTITUTES. 



§ 5. Officers of County Farmers' Institutes 
not to receive money compensation 
for services. 

\ 6. How drawn. 

§ 7. Treasurer of State institute to pay 
treasurer of county institutes $75. 



'i 1. Appropriates for expressage, postage, 
office expenses, etc., S1300 per annum. 

§ 2. For expense of preparing annual re- 
ports and bulletins, $1,700 per annum. 

■\ 3. For expenses of district directors, 
speakers, etc., $5,000 per annum. 

■% 4. For each County Farmers' Institute 
$75 per annum. 

An Act making appropriations for the Illinois Farmers' Institute 
and County Farmers' Institutes. 

Whereas, To assist and encourage useful education among farmers 
and for developing the agricultural resources of the State, the Thirty- 
ninth General Assembly created an organization under the name and 
style of the Illinois Farmers' Institute, and entrusted to it the de- 
velopment of greater interest in the cultivation of crops, in the 
breeding and care of domestic animals, in dairy husbandry, in horti- 
culture, in farm drainage, in improved highways and general farm 
management, through and by means of liberal discussions of these 
and kindred subjects; and for improving the condition of the farmer 
by affording a better knowledge of successful agriculture. Therefore, 
to sustain the same, 

Be it enacted by the People of the State of Illinois, represented 
in the General Assembly: That there be, and is hereby, appropriated 
to the Illinois Farmers' Institute the following sums, to-wit: 

Section 1. For expressage. postage, office expenses, furniture, 
etc., the sum of one thousand three hundred dollars ($1,300) per 
annum for the years 1899 and 1900. 

§ 2. For the expense of collecting matter and preparing manu- 
script, editing the annual report and bulletins, stenographer, clerk 
hire, etc., the sum of one thousand seven hundred dollars ($1,700) 
per annum for the years 1899 and 1900. 

§ 3. For the actual expense of district directors, and of able and 
practical speakers to be furnished by the Illinois Farmers' Institute, 
to the County Farmers' Institutes, for the purpose of assisting in 
making their meetings of general interest and of the greatest practi- 
cal benefit; for the expense of organizing county institutes, for the 
expense of printing program, advertising of speakers and exhibit al 



22 APPROPEIATIONS. 



the State institute, the sum of five thousand dollars ($5,000) per 
annum for the years 1899 and 1900: Provided, that county institutes 
or their representatives shall be permitted to select their own speakers 
and to have such topics for consideration as shall be of interest to 
their respective localities. 

§ 4. For the use of each County Farmers' Institute, the sum of 
seventy-five dollars ($75) per annum for the years 1899 and 1900, to 
be paid the treasurer of each County Farmers' Institute, when such 
institute shall file with the secretary of the Illinois Farmers' Insti- 
tute a sworn statement which shall show that said County Farmers' 
Institute has held one or more duly advertised public sessions 
annually of not less than two days each, at some easily accessible lo- 
cation, which shall include an itemized exhibit of the expenses of 
said meeting, with receipted vouchers therefor, a copy of its printed 
program, and the printed proceedings, showing title and author of 
the papers read and by whom discussed, place or places of meeting, 
with daily average attendance, and such other information as may be 
called for by the Illinois Farmers' Institute and necessary to suc- 
cessfully assist this work. 

§ 5. No officer or officers of any County Farmers' Institute shall 
be entitled to or receive any moneyed compensation whatever for any 
services rendered the same. 

§ 6. That, on the order of the president, countersigned by the 
secretary of the Illinois Farmers' Institute, and approved by the 
Governor, the Auditor of Public Accounts shall draw his warrant on 
the Treasurer of the State of Illinois in favor of the Treasurer of 
the Illinois Farmers' Institute for the sums herein appropriated: 
Provided, that each warrant on account of a County Farmers' Insti- 
tute shall show the county institute for whose benefit the same is 
drawn: Provided further, that the program and printed proceed- 
ings of the County Farmers' Institute, for which each warrant is 
drawn, shall show that the following topics have been presented and 
discussed, viz.: grain farming, stock feeding and breeding, dairy 
husbandry, orchard and small fruit culture, farmers' garden, domestic 
science, and any other subjects pertaining to farm life: Provided 
further, that if the necessary expense of a County Farmers' Insti- 
tute shall not equal the sum of seventy-five dollars ($75) as afore- 
said, then said warrant shall only be drawn for the sum expended. 

§ 7. It shall be the duty of the treasurer of the Illinois Farmers' 
Institute to pay over to the treasurer of each County Farmers' Insti- 
tute the said sum of seventy-five dollars ($75), or so much thereof as 
may be received for its use and benefit as aforesaid, and make annual 
report to the Governor as provided by law. 

Approved April 11, 1899. 



APPROPRIATIONS. 23 



STATUE OF FRANCES E. WILLARD. 

Authorizing' appointment of five com- | § 2. Commissioners to receive no compen- 
missioners. sation. 

I I 3. Appropriates 89,000. How drawn. 

Whereas. Congress has invited each state of the Union to furnish 
statues in marble or bronze of two of its deceased citizens, illustrious 
for their historic renown, or for distinguished civic or military ser- 
vice, and deemed worthy of national commemoration, and to have the 
same placed in the national statuary hall, in the capitol at Washing- 
ton, D. C: and 

Whereas, The State of Illinois has furnished but one of its statues, 
and before the close of this century it should complete the number 
allotted to it; and 

Whereas. Illinois has been noted for its illustrious warriors, jur- 
ists and statesmen, Grrant. Shields. Logan, Palmer, McClernard, 
Davis, Trumbull, Breese, Scofield, McAllister, Lincoln, Douglas, 
Yates, Lovejoy and countless others, like McDougal and Baker, who 
won fame in other states: and 

Whereas, The fame of none of these was more heroically won or 
more richly deserved than that of one of our deceased citizens, illus- 
trious for historic renown and distinguished for civic service in 
Europe and America, in a new, unexplored field of Christian en- 
deavor, the effect of whose efforts and achievements, and the influ- 
ence of whose spotless life and sublime example has been so marked 
that the world has wondered and admired the author, organizer and 
advocate of purity and temperance, Illinois' most illustrious deceased 
citizen, Frances E. Willard, the uncrowned queen of purity and 
temperance, whose ashes repose in peace on the shores of Lake 
Michigan, at Evanston, 111. Her life, like that of her Redeemer, was 
devoted to the spiritual welfare of mankind, and xhe world at large 
has been materially benefited by her prayers and sacrifices. Radiant 
with a halo of all the virtues, her face shone with the light of intelli- 
gence. Her marvelous abilities energized all around and about her, 
while her gentleuess, tact and self-sacrificing spirit calmed every 
storm that rose in the councils which were graced and blessed by her 
presence;. Her grand life is a "beacon light" to the good and the 
true of all sexes, races and creeds in the civilized world, and her 
wonderful achievements are lights and landmarks on the cliffs of 
fame, which will for all time, illumine the paths of millions of 
women wherever civilization has a footing, which is where woman is 
duly appreciated; and 

Whereas, The priceless heritage of such a life belongs of right to 
Illinois; and 

Whereas, She glories in it, and deems it "worthy of national com- 
memoration;" therefore, 

To immortalize it, and to show all nations how exalted a sphere 
woman occupies in this great State, the following law is hereby 
placed upon our statute books: 



24 APPROPRIATIONS. 



[A Bill for] An Act to select commissioners to expend not to exceed 
nine thousand dollars (89,000) in purchasing a heroic bronze statue 
of the late Frances E. Willard, cast in standard bronze metal, and 
to provide a granite pedestal or base therefor, the statue and ped- 
estal to be appropriately inscribed and ornamented, and also to 
defray the expense of transporting the same to Washington, 
D. C, ivhen completed, and erecting it in the national statuary 
hall at Washington, D. C. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That five persons, to be se- 
lected by the Governor of the State, be, and they are hereby, author- 
ized and empowered, as commissioners, to purchase a heroic statue 
of the late Frances E. Willard, to be cast in standard bronze metal 
or marble, and a granite pedestal or base for the same, and also to 
defray the cost and expenses of transporting them, when completed, 
to Washington, D. C, and erecting them in the national statuary 
hall at the capitol, said commissioners shall not hereby be empowered 
to obligate the State of Illinois to pay any amount in excess of the 
sum stated in section 3 of this act. 

§ 2. Said commissioners are to receive no pay nor compensation 
of any kind for their services in the fulfillment of duties required of 
them by this act. 

§ 3. For the purpose of defraying the cost of said statue, pedestal 
and all other costs and obligations hereinbefore stated and set forth . 
or incident thereto, the sum of nine thousand dollars ($9,000) , or so 
much thereof as may be necessary, is hereby appropriated out of the 
State treasury, and the Auditor of Public Accounts is hereby re- 
quired to draw his warrant on the Treasurer of the State for such 
sum as may be expended, upon bills of particulars, to be approved of 
by the Governor. 

Approved February 28, 1899. 



GENERAL ASSEMBLY, 41st. — COMMITTEE EXPENSES. 

2 1. Appropriates $5, 000 to pay expenses of § 2. Emergency. 
the committees of the Forty-first 
General Assembly. 

An Act to make an appropriation for committee expenses of the 
Forty-first General Assembly. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That there is hereby appro- 
priated the additional sum of five thousand ($5,000) dollars, or so 
much thereof as may be necessary, to pay the expenses of the com- 
mittees of the General Assembly while in the discharge of special 
duties under direction of either branch thereof. Such expense to 



APPROPRIATIONS. 



include reasonable compensation to the sergeant-at-arms of the 
Senate and the door-keeper of the House for serving the processes 
of the Senate or House and of the committees thereof, and such 
other expenses as is provided by resolution of either House: 
Provided, that no part of the same shall be allowed for railroad fare 
or expense of any kind not actually incurred. 

§ 2. Whereas, the funds already appropriated are inadequate, 
therefore an emergency exists, and this act shall take effect from and 
after its passage. 

Approved April 14, 1899. 



GENERAL ASSEMBLY, 41st. — CONTESTED ELECTIONS. 

% 1. Appropriates 84,000 for legal expenses I g 2. Emergency, 
of members in contests for seats. 

An Act making appropriation to pay legal expenses incurred by 
members of the 41st General Assembly in contested election cases. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That the sum of four thous- 
and dollars ($4,000) is hereby appropriated to pay legal expenses of 
the following named members of the 41st General Assembly incurred 
by them in election contests for seats in the House of Representa- 
tives. Out of said sum of four thousand dollars ($4,000) there shall 
be paid to John M. Nowicki, John Morley, Clement J. Belinski, 
William Carmody, John Churan, Charles G. Johnson, John Meier, 
Daniel V. Harkin, the sum of two hundred and fifty dollars (S250) 
each; to Albert J. Kettering, Dennis J. Leahy, James Hackett, 
George M. Boyd, Edward J. Brundage, James P. Cavanagh, David 
E. Shanahan, the sum of two hundred dollars ($200) each, and to 
George H. Harris, the sum of six hundred dollars ($600) on warrants 
drawn by the Auditor of Public Accounts upon the Treasurer of the 
State of Illinois, to be paid by him out of the funds of the State in 
his hands not otherwise appropriated. 

§ 2. Whereas, an emergency exists, this act shall take effect from 
and after its passage. 

Approved April 13, 1899. 



GENERAL ASSEMBLY, 41st. — EMPLOYES. 
2. Emergency. 



§ 1. Appropriates $100,000.00 to pay the em- 
ployes of the Forty-first General As- 
sembly. — How drawn. 



An Act making appropriations for the payment of employes of the 
Forty-first General Assembly. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That there be, and is hereby, 
appropriated the sum of $100,000, or so much thereof as may be 



26 APPROPRIATIONS. 



necessary, to pay the employes of the Forty-first General Assembly 
at the rate of compensation allowed by law. Said employes to be 
paid upon rolls certified to by the presiding officers of the re- 
spective houses, or by the Secretary of State approved by the 
Governor, as provided by law. 

§ 2. Whereas, the above appropriation is necessary for the trans- 
action of the business of the State, therefore an emergency exists 
and this act shall take effect from and after its passage. 

Approved January 25, 1899. 



GENERAL ASSEMBLY, 41ST. — INCIDENTAL EXPENSES. 

I 1. Appropriates SIS.OOO to pay the inci- ' /f - 2 - Hov; drawn. 
dental expenses of the Forty-first g 3_ Emergency. 
General Assembly and to the Secre- 
tary of State for the discharge of his 
duties. 

An Act to provide for the incidental expenses of the Forty-first Gen- 
eral Assembly of the State of Illinois, and for the care and custody 
of the State House and grounds, to be incurred and now unpro- 
vided for. 

Section 1. Be it enacted by the People of the State of Illinois, 
rep/resented in the General Assembly : That the sum of S18.000, or 
so much thereof as may be required, is hereby appropriated to pay 
the incidental expenses of the Forty-first General Assembly, or either 
branch thereof, or to be expended by the Secretary of State in the 
discharge of the duties imposed upon him by law, or bj T the direction 
of the General Assembly, or either branch thereof. All expenditures 
to be certified to by the Secretary of State and approved by the Gov- 
ernor. 

§ 2. The Auditor of Public Accoun's is hereby authorized and 
directed to draw his warrants upon the State Treasurer for the sums 
herein specified upon presentation of proper vouchers, and the State 
Treasurer shall pay the same out of any funds in the State treasury 
not otherwise appropriated. 

§ 3. Whereas, The appropriation above recited is necessary for 
the expenses incurred in the transaction of the business of the State 
and the Forty-first General Assembly, therefore an emergency exists 
and this act shall take effect from and after its passage. 

Approved February 16, 1899. 



APPROPRIATIONS. 



27 



HOSPITALS FOR THE INSANE. 



Appropriates $2,886.12 for re-imbursing 
counties and persons for expense of 
transferring insane persons, as fal- 
lows: 
To the Western Hospital 

for the Insane SI, 495 26 

To the Eastern Hospital 

for the Insane 1,096 38 

To the Southern Hospital 
for the Insane 298 48 



2. When due and payable. 

3. Trustees to immediately re-imburse 

counties and individuals. 



An Act making appropriations to the Eastern Hospital for the In- 
sane, the Western Hospital for the Insane and the Southern Hos- 
pital for the Insane, for the purpose of reimbursing certain counties 
and individuals for the expense of transferring insane patients 
rendered necessary by the orders of the State Commissioners of 
Public Charities. 

Whereas, Section 5 of the act making additional provision for the 
insane, approved June 1, 18S9, in force July 1, 1889, provides that 
the State Commissioners of Public Charities shall have power to di- 
vide the State into districts for the purpose of regulating the admis- 
sion of patients into the State hospitals for the insane, and to fix the 
quota of each county therein, and section 6 provides that the said 
commissioners shall cause such transfers of patients to be made be- 
tween the several State hospitals for the insane as shall be necessary 
to adjust the population of the State hospitals to the districts as- 
signed them, and that the cost of such transfers shall be charged to 
the counties or individuals as the case may be, affected thereby, and 
shall be collected as other debts due the State hospitals are collected 
by law; and 

Whereas, The State Commissioners of Public Charities in March, 
1898. in consequence of the completion of a portion of the Western 
Hospital for the Insane at Watertown, with a capacity for 350 pa- 
tients, and in accordance with the above provisions of law. made an 
apportionment of the insane districts of the State, by the provisions 
of which the county of Whiteside was transferred from the Elgin dis- 
trict to the Watertown district, the counties of Bureau, Henderson, 
Henry, Knox, Mercer, Rock Island and Warren were transferred 
from the Jacksonville district to the Watertown district; the counties 
of DeWitt, Macon, McLean and Piatt were transferred from the Kan- 
kakee district to the Jacksonville district; and the county of Shelby 
was transferred from the Kankakee district to the Anna district, 
which necessitated the transfer of the patients from these several 
counties at a total cost of $2,287.99; and 

Whereas, Upon the completion of the Western Hospital for the 
Insane at Watertown, with a total capacity for 597 patients, the State 
Commissioners of Public Charities, in January. 1899, made another 
apportionment of the insane districts of the State, under the pro- 
visions of which the counties of Carroll and JoDaviess were trans- 
ferred from the Elgin district to the Watertown district, the counties 
of Marshall. Putnam and Stark were transferred from the Jackson- 



28 



APPROPRIATIONS. 



ville district to the Watertown district, and the county of .Clark was 
transferred from the Anna district to the Kankakee district, which 
necessitated the transfer of the patients from these several counties 
at a total cost of $598.13; and 

Whereas, The total cost of such transfers, $2,886.12, which was 
paid in the first instance by certain of the hospitals for the insane, 
was charged back to the counties and individuals responsible for the 
clothing and incidental expenses of the patients so transferred, and 
collected from them as other debts due the State institutions are col- 
lected by law, which is seemingly an act of injustice to such counties 
and individuals, since all of the counties in the State were equally 
benefited by these changes in the way of increased quotas, therefore 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That the sum of $2,886.12 
is hereby appropriated for the purposes set forth in the preamble 
hereto, to be apportioned among the State hositals for the insane, as 
follows: 

To the Western Hospital for the Insane, $1,495.26. 

To the Eastern Hospital for the Insane, $1,096.38. 

To the Southern Hospital for the Insane, $294.48. 

§ 2. The moneys herein appropriated shall be due and payable to 
the trustees of the institutions named in section 1. or their order, 
only on the terms and in the manner now provided by law. 

§ 3. The trustees of the institutions [named in section 1 of this 
act shall at once, upon receipt of the moneys herein appropriated, 
refund to the counties and individuals affected by the transfers of 
the patients enumerated in the preamble hereto, as shown by the 
books of the institutions, all moneys paid therefor. 

Approved April 21, 1899. 



ILLINOIS AND MICHIGAN CANAL. 



APPROPRIATIONS FOR REPAIRS AND PROTECTION. 



Canal commissioners to keep account 
of appropriation and make annual re- 
port to Governor. 



2 1. Appropriates $50,000 for repairs and 
maintenance- to be drawn only in an 
emergency or when funds in hands 
of commissioners are less than $35 000. 

I 2. How drawn. 

An Act making an appropriation for the necessary and extraordi- 
nary repairs and protection of the Illinois and Michigan Canal. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly ; That for the purpose of mak- 
ing necessary and extraordinary repairs, and providing means for main- 
taining the Illinois and Michigan Canal in a navigable condition, there 
is hereby appropriated the sum of fifty thousand (50.000) dollars. 



APPROPRIATIONS. 29 



Provided, that said appropriation shall remain in the State treas- 
ury and be held as a contingent appropriation, to he used only by 
said canal commissioners in case of an unf'orseen emergency or in 
case of damage or accident to said canal, and only when the funds in 
the hands of the canal commissioners shall be reduced below thirty- 
five thousand (35.000) dollars. 

§ 2. The contingent appropriation made by this act shall only be 
paid out upon a detailed statement made by the canal commissioners 
showing the need thereof, filed with the Auditor, bearing the order of 
said canal commissioners, and approved by the Governor. 

§ 3. Said board of canal commissioners shall keep an accurate ac- 
count of the amount of such contingent appropriation received by 
them, if any. together with their disbursements and expenditures of 
such appropriation, if any. showing for what and how said sum was 
expended, which report shall accompany their annual report to the 
Governor and be made a part thereof. 

Approved April 21. 1899. 



ILLINOIS NATIONAL GUARD. 

FOK ARMORY AND PARADE GROUND, CHICAGO. 

I 1. Appropriates 8100,000 for expense of § 2. How drawn, 
constructing parade ground and 
armory for the use of the Illinois Na- 
tional Guard, Chicago. 

An Act making an appropriation for the construction of parade 
grounds and an armory for the use of those organizations of the 
Illinois National Guard stationed in the city of Chicago. 

Whereas, By an act entitled "An act making an appropriation for 
payment of the expense of forming parade grounds and erecting an 
armory for the use of those organizations of the Illinois National 
Guard stationed in the city of Chicago," approved June 11, 1897. a 
board of commissioners was constituted for the purpose of planning 
and constructing a parade ground and armory on that portion of the 
Lake Front Park in the city of Chicago, described in said act and set 
apart for such purpose, and which act prescribes the powers and duties 
of said commissioners, and provided that before any money should be 
drawn from the treasury for the purposes of said act. the city of Chi- 
cago should enter into a contract with the said board of commission- 
ers to the effect that the right of the State of Illinois to the use and 
occupation by said organizations of the site described in said act 
should be perpetual, and the title to all buildings, improvements and 
fixtures put thereon under the provisions of said act. shall be and re- 
main in the State of Illinois; and 

Whereas. Such contract as aforesaid has now been entered into by 
said city of Chicago, as required by said act, and said board of com- 
missioners are now ready to proceed with the construction of said 



30 APPROPRIATIONS. 



parade grounds and armory in pursuance of the provisions of said act ; 
and it is advisable that said parade grounds and armory be completed 
as soon as practicable; therefore. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Asssembly : That for the purpose of con- 
structing the parade grounds and armory provided for by the act en- 
titled "An act making an appropriation for payment of the expense 
of forming parade grounds and erecting an armory for the use of 
those organizations of the Illinois National Guard stationed in the 
city of Chicago."' approved June 11, 1897, and defraying the cost and 
expense of the work contemplated by said act, the sum of one hundred 
thousand ($100,000) dollars, or so much thereof as may be necessary, 
for the purpose, be, and the same is hereby, appropriated out of any 
money in the State treasury not otherwise appropriated. 

§ 2. All payments hereunder shall be upon vouchers, accom- 
panied by bills of particulars, signed by the president of the board of 
commissioners constituted by said act, countersigned by the secretary 
thereof, and approved by the Governor, upon which vouchers the 
Auditor of Public Accounts shall draw his warrant upon the State 
Treasurer from time to time for the sums of money so certified to be 
payable out of the appropriation hereby made. 

Approved April 22. 1899. 



ILLINOIS NATIONAL GUARD. 

FOR RIFLE RANGES, CAMPS LINCOLN AND LOGAN. 

§ 1. Appropriates $17,500 for buildings, im- \ 2. How drawn, 
provement and repairs at Camp Lin 
coin and Logan Rifle Ranges for the 
Illinois National Guard. 

An Act making an appropriation for the erection of buildings and 
the improvement and repairs at Camp Lincoln and Logan Rifle 
Ranges for the Illinois National Guard. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That the sum of seventeen 
thousand five hundred (17,500.00) dollars, or so much thereof as may 
be necessary, is hereby appropriated for the erection of buildings 
and the improvement and repairs at Camp Lincoln and Logan Rifle 
Ranges for the Illinois National Guard. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant for the sum herein specified, upon the 
presentation of proper vouchers, certified to by the Adjutant General 
•and approved by tli6 Governor, and the Treasurer shall pay the same 
out of the money hereby appropriated. 

Approved April 22, 1899. 



APPROPRIATIONS. 31 



ILLINOIS NATIONAL GUARD. 



FOE TENTS. UNIFORMS AND BLANKETS. 



•>. 1. Appropriates 8175,000 for purchase of § 2. How drawn. 
tents, uniforms and blankets for the 
Illinois National Guard and Naval 
Militia. 

An Act making an appropriation for the purchase of tents, uni- 
forms and blankets for the Illinois National Guard, and the 
Naval Militia of Illinois. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That the sum of one hundred 
and seventy-five thousand (175,000.00) dollars, or so much thereof as 
may be necessary, is hereby appropriated for the purchase of tents, 
uniforms and blankets for the Illinois National Guard and the Naval 
Militia of Illinois. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant for the sum herein specified, upon the 
presentation of proper vouchers, certified to by the Adjutant General 
and approved by the Governor, and the Treasurer shall pay the same 
out of the money hereby appropriated. 

Approved April 22, 1899. 



NATIONAL GUARD AND NAVAL MILITIA. 

FOR ORDINARY AND CONTINGENT EXPENSES. 

I 1. Appropriates 8210,000 per annum for I ?. 2. How drawn, 
ordinary and contingent expenses. ' 

An Act to provide for the ordinary and contingent expenses of the 
Illinois National Guard and the Naval Militia of Illinois. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That the sum of two hundred 
and ten thousand (210,000) dollars per annum, or so much thereof 
as may be necessary, is hereby appropriated to pay the ordinary and 
•contingent expenses of the Illinois National Guard and the Naval 
Militia of Illinois. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant for the sum herein specified, upon the 
presentation of proper vouchers, certified to by the Adjutant General 
and approved by the Governor, and the Treasurer shall pay the sum 
out of the proper fund. 

Approved Apiil 19, 13£9, 



32 APPROPRIATIONS. 



ILLINOIS NAVAL MILITIA. 

g 1. Appropriates $3,298.44 to Davis S. Ely I §2. How drawn, 
for uniforms sold to the Naval Militia. I 

An Act making appropriations for the payment for uniforms sold 
and delivered to the Illinois Naval Militia. 

Whereas, The Crocker Uniform Company, a corporation then ex- 
isting under and by virtue of the laws of the State of Illinois, made, 
sold and delivered to the Illinois Naval Militia, at Chicago, Cook 
county, Illinois, during the year 1S95, three hundred and thirty-four 
regulation naval militia uniforms for the sum of three thousand and 
nine dollars; and. 

Whereas, Said sum of three thousand and nine dollars, and no 
part thereof, and no part of the interest thereon, has ever been paid 
to said Crocker Uniform Company, its successors or assignees; and, 

Whereas. The said claim with interest now amounts to $3,298.44, 
and is now vested in David S. Ely, of Evanston, Cook county, Illi- 
nois, by virtue of a decree of the county court of said county, en- 
tered of record October 28, A. D. 1898; therefore, 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of three 
thousand two hundred and ninety-eight dollars and forty-four cents 
($3,298.44) be. and the same is hereby, appropriated for the relief of 
David S. Ely for uniforms made, sold and delivered to the Illinois 
Naval Militia. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to issue his warrant upon the State Treasurer for the afore- 
said sum of money to said David S. Ely, or his legal representative, 
and the State Treasurer is hereby authorized to pay the same out of 
any money in the State Treasury not otherwise appropriated. 

Approved April 22, 1899. 



ILLINOIS VOLUNTEERS. 

FOR EXPENSES OF MOBILIZATION OF TROOPS. 

2. How drawn. 



Appropriates $65,398.02 for expenses 
during mobilization of troops as 
shown by records of Adjutant Gen- 
eral. 



i 3. Emergency. 



An Act making an appropriation to pay for transporting, equip- 
ping, subsisting and furnishing medical supplies and labor dur- 
ing the mobilization of the Illinois volunteers for the war with 
Spain. 

Whereas, The General Assembly, in a joint resolution approved 
February 17. 1898. authorized the Governor of the State of Illinois 
to -'tender to the President of the United States all moral and mate- 
rial support that may be necessary," and that in compliance with 
this joint resolution, the Governor mobilized the quotas called for 



APPROPRIATIONS. 33 



by the National Government from the State of Illinois, at a camp 
near Springfield, and did, for the comfort, necessities and convenience 
of said Illinois volunteers, transport, equip, subsist and furnish med- 
ical supplies and labor for said mobilization as the exigencies of the 
situation demanded; and 

Whereas, The Governor has, through the Adjutant General, pre- 
sented claims to the United States for the expenses so incurred, 
which claims are now in process of adjudication at Washington; and 

Whereas, The railroad companies furnishing said transportation, 
and citizens who furnished equipment, subsistence, medical supplies 
and labor for the volunteers while being mobilized, are in need of 
the money due them; therefore 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That the sum of sixty-five 
thousand three hundred ninety-eight dollars and two cents 
($65,398.02) or so much thereof as may be necessary, is hereby 
appropriated to pay said railroad companies who furnished transpor- 
tation, and citizens who furnished equipments, subsistence, medical 
supplies and labor, the amounts due them, respectively, as shown by 
the records in the Adjutant General's office: Provided that the 
money received from the United States in payment of these claims 
of the State shall be covered into the State treasury when so paid. 

§ 2. That the Auditor of Public Accounts is hereby authorized 
and directed to draw his warrant upon the State Treasurer for the 
sum hereby appropriated on the presentation of proper vouchers cer- 
tified to by the Adjutant General, and approved by the Governor, 
and the State Treasurer shall pay same out of the money hereby 
appropriated. 

§ 3. Whereas, an emergency exists, this act shall go into force 
and effect from and after its passage. 

Approved March 31, 1899. 



ILLINOIS VOLUNTEERS. 

FOR PAT PREVIOUS TO MUSTER INTO U. S. SERVICE. 

§ 3 . How drawn . 



2 4. Emergency. 



'i 1. Appropriates §250,000 to pay Illinois 
volunteers accepted by the United 
States. 

I 2. Volunteers accepted by the United 
States to receive difference in pay — 
date of assembling at home station 
and muster into service. 

An Act making an appropriation to pay enlisted men of the Illi- 
nois volunteers' 1 difference of pay between that allowed in Section 
1, Article IX, Military Code, and the amount paid by the United 
States from date of enrollment to date of muster into the 
United Stcdes service. 

Section 1. Be it enacted by the People of tlte State of Illinois 
represented in the General Assembly : That the sum of ($250,000) 



34 APPROPRIATIONS. 



two hundred and fifty thousand dollars, or so much thereof as may 
be necessary, be, and the same is hereby, appropriated for payment to 
the enlisted men of the Illinois volunteers, who volunteered their 
services for and were accepted by the United States government in 
the war with Spain. 

§ 2. That each and every enlisted man of the Illinois volunteers 
who enlisted for and was accepted by the United States for volunteer 
service as aforesaid, shall receive pay from the State of Illinois, as 
provided in section 1, article IX, of the Military Code (less the 
amount received by each of them from the United States), from the 
date of assembling at their home station to the date of their muster 
into the United States service. 

§ 3. That the Adjutant General be, and he is hereby, directed to 
furnish the Auditor of Public Accounts with property certified pay- 
rolls containing the names of enlisted men entitled to pay under this 
act, and the amount due each of them respectively, with dates of 
enrollment and muster into United States service, which pay-rolls 
shall bear the approval of the Adjutant General and the Governor, 
and on such properly certified and approved pay-rolls the Auditor 
of Public Accounts shall draw his warrants on the State Treasurer 
for the amounts directed to be paid under this act, and the State 
Treasurer shall pay same out of the money hereby appropriated. 

§ 4. Emergency.] Whereas, an emergency exists, therefore this 
act shall be in force and take effect from and after its passage. 

Approved April 18, 1899. 



INDUSTRIAL HOME FOR THE BLIND. 

J 1. Appropriates 828,600 to the Industrial How drawn. 

Home for the Blind for deficiency, 
working 1 capital, repairs— appropri- 
ates 820,000 per annum for ordinary 
expenses. 

An Act making appropriations for the Illinois Industrial Home 
for the Blind at Chicago. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That there be, and is hereby, 
appropriated to the Illinois Industrial Home for the Blind at Chicago, 
the following amounts, for the purposes hereinafter named: 

To meet deficiency of last appropriation, twelve thousand 

dollars $12,000 

For a working capital, ten thousand dollars 10.000 

For painting, plumbing and repairs, four thousand dollars 4,000 

For medical attendance, three hundred dollars 300 

For instructors, two thousand dollars 2.000 

For ordinary running expenses, twenty thousand dollars 

per annum 20,000 



APPROPRIATIONS. 35 



§ 2. The moneys herein appropriated shall be due and payable to 
the trustees of the said institution on their order only on the terms 
and in the manner now provided by law. 

Approved April 24, 1899. 



LINCOLN MONUMENT. 

3 1. Appropriates S100, 000 for repairing- or ! \ Z. How drawn, 
rebuilding the Lincoln monument. 

An Act to appropriate the sum of one hundred thousand dollars 
(8100,000) or so much thereof as may be necessary to repair or 
rebuild the Lincoln monument. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That the sum of one hun- 
dred thousand dollars ($100,000) , or so much thereof as may be 
necessary, be, and the same is hereby, appropriated and placed at the 
disposal of the "commissioners of and for the Lincoln monument 
grounds," to be used in repairing or rebuilding the Lincoln monu- 
ment in Oakridge cemetery, Springfield, Illinois. 

§ 2. The Auditor of Public Accounts is hereby authorized to 
issue warrants for a part or the whole of the above amount so ap- 
propriated upon vouchers properly attested by said commissioners, 
and signed by the Governor in his official capacity. 

Approved April 24, 1899. 



LIVE STOCK BREEDERS ASSOCIATION. 
3. How drawn. 



Duty of treasurer of association. 



•g I. Appropriates $500 per annum for pro 
grams, postage, expense of speakers 
etc. 

•§ 2. No officer to receive compensation. 

An Act making appropriation for the expenses of the Illinois Live 
Stock Breeders'' Association. 

Whereas, The Illinois Live Stock Breeders' Association, repre- 
senting the farmers interested in the breeding and feeding of cattle, 
liorses, sheep and swine, have rendered the State valuable service in 
promoting the live stock industry; and 

Whereas, The farmers of the State will be greatly benefited by 
the continuance of the annual meetings of the Illinois Live Stock 
Breeders' Association and the further consideration of all topics 
pertaining to the live stock industry; therefore, to sustain the same 
and to enable this organization to secure as speakers the best avail- 
able talent for its annual meetings, deceminate [disseminate] useful 
knowledge, and to otherwise promote the great and growing industry 
in Illinois: 



36 APPROPRIATIONS. 



Be it enacted by the People of the State of Illinois, represented 
in the General Assembly : That there be, and is hereby, appropriated 
to the Illinois Live Stock Breeders' Association the following suras, 
to- wit: 

Section 1. For printing and distributing programs, postage, 
stationery, expenses of speakers, etc., the sum of five hundred dol- 
lars ($500) per annum for the years 1899 and 1900. 

§ 2. No officer or officers of the Illinois Live Stock Breeders' 
Association shall be entitled to or receive any money compensation 
whatever for any service rendered the same. 

§ 3. That on the order of the president, countersigned by the 
secretary of the Illinois Live Stock Breeders' Association and ap- 
proved by the Governor, the Auditor of Public Accounts shall draw 
his warrant on the Treasurer of the State of Illinois, in favor of the 
treasurer of the Illinois Live Stock Breeders' Association, for the 
sums herein appropriated. 

§ 4. It shall be the duty of the treasurer of the Illinois Live 
Stock Breeders' Association to pay out of said appropriation, on 
itemized and receipted vouchers, such sums as may be authorized by 
said organization, on the order of the president, countersigned by the 
secretary, and make annual report to the Governor of all expendi- 
tures, as provided by law. 

Approved April 11, 1899. 



LOVEJOY MONUMENT AT ALTON. 

I 1. Appropriates S2, 500 to pay warrant ap- j \ 2. How drawn, 
proved by Lovejoy Monument Asso- 
ciation and the Governor. 

An Act entitled. "An act for an appropriation to pay a balance due 
for a, monument at Alton to the memory of Elijah P. Lovejoy." 

Whereas, The Thirty-ninth General Assembly passed an act ap- 
proved June 17, 1895, for an appropriation for a monument at Alton r 
to the memory of Elijah P. Lovejoy, and 

Whereas, Said monument was erected under said appropriation 
by J. S. Culver, contractor, and 

Whereas, The sum of twenty-five hundred dollars ($2,500.00) of 
said appropriation lapsed into the treasury of the State of Illinois by 
process of law before the presentation of the last warrant for said 
amount of twenty-five hundred dollars, said warrant duly approved 
being now on the file in the office of the Auditor of Public Accounts, 
therefore 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That there be, and there is 
hereby, appropriated out of the funds now in the State treasury the 
sum of twenty-five hundred dollars, for the purpose of paying the 



APPROPRIATIONS. 37 



amount of said warrant, approved by the Lovejoy Monument Asso- 
ciation, signed by the president and attested by the secretary and 
approved by the Governor. 

§ 2. The Auditor of Public Accounts is hereby authorized to 
draw his warrant upon the treasurer for the aforesaid sum of money 
upon the order of the said Lovejoy Monument Association, approved 
by the Governor and now being and remaining in his hands. 

Approved April 12, 1899. 



OHIO CENTENNIAL AND NORTHWEST TERRITORY EXPOSITION. 

% 1. Creation of Illinois Commission. j § 4. Duties of commissioners — report pro- 

12. Commissioners - appointment - offi- ] ceedings to next General Assembly. 

cers — vacancies, how filled. j 55 Emergency. 

t 3. Compensation of commissioners— how 

drawn. 

An Act to provide for the collection, arrangement and display of 
manufactures, arts and products of the State of Illinois at the 
Ohio centennial and northwest territory exposition, providing for 
the appointment of a commission to prepare plans for and super- 
vise the same and report to the next General Assembly and de- 
claring an emergency. 

Whereas. Ohio was the first state to be formed out of the great 
northwest territory and has provided by an act of its legislature 
passed April 28, 1898, for an exposition to be held at Toledo, in the 
State of Ohio, in commemoration of the first centennial of its admis- 
sion as a state into the union; and 

Whereas, It is of great importance that the natural resources, in- 
dustrial development and progress of the arts and sciences of the 
State of Illinois, which State formed a part of the northwest terri- 
tory, should be fully and creditably displayed at said exposition, and 
as it will require large preliminary investigation and work in secur- 
ing information and in preparing plans in order that the General 
Assembly may act intelligently and effectively in assisting to make 
the display worthy of this State and its people; now therefore 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That for the purpose of ar- 
ranging and exhibiting the manufactures, arts products, resources 
and general development of the State of Illinois at the exposition to 
be held under the authority and direction of the State of Ohio at 
Toledo, in that state, in commemoration of the admission of the State 
of Ohio into the union, a commission is hereby constituted to be 
designated as the Illinois State Commission at the Ohio Centennial 
and Northwest Territory Exposition which shall consist of eleven citi- 
zens of this State, and is to be organized and continue its duties as 
hereinafter provided. 

§ 2. The members of said board shall be appointed by the Gov- 
ernor within twenty (20) days after the passage of this act, and not 



38 APPROPRIATIONS. 



more than six of whom shall belong to any one political party, and 
said commission shall meet at such time and place as the Governor 
may appoint, and organize by the election of a rjresident, two vice 
presidents and a secretary. A majority of said commission shall con- 
stitute a quorum for the transaction of business. The board shall 
have the power to make rules and regulations for its own government 
not in conflict with the laws of this State or with the laws, rules and 
regulations governing said exposition. Any member of said commis- 
sion may be removed at any time by the Governor. All vacancies in 
said commission which may occur by death, resignation, removal or 
otherwise, shall be filled by the Governor. 

§ 3. Members of said commission shall not be entitled to any 
compensation except their actual expenses, not exceeding the sum of 
two thousand five hundred dollars ($2,500) when necessarily absent 
from their homes on the business of said commission. The expense 
account shall be itemized and approved by the Governor, and when 
so approved, the Auditor of Public Accounts is hereby authorized 
and directed to draw his warrants upon the State Treasurer upon 
presentation of the proper vouchers, and said treasurer shall pay the 
same out of any funds in the treasury not otherwise appropriated. 

§ 4. Said commission shall have charge of the interests of this 
State and its citizens in the preparation and exhibition at said expo- 
sition of the manufactures, arts and natural and industrial products 
of the State, the objects illustrating its history, progress, moral and 
material welfare, growth, enterprise and development, and all other 
matters tending to advance the interests, reputation and prosperity 
of this State at said exposition; it shall collect, obtain and dissemi- 
nate throughout the State, all necessary information regarding said 
exposition, notify the people of the State of the purpose thereof, and 
prepare plans for the representation and display of the State at said 
exposition and make a full report of its proceedings, plans and 
recommendations to the next session of the General Assembly. 

§ 5. Whereas, an emergency exists, therefore this act shall take 
effect and be in force from and after its passage. 

Approved April 12, 1899. 



APPROPRIATIONS. 39 



PENITENTIARIES — JOLIET. 

'i 1. Appropriites $90,000 per annum for or- | § 3. How drawn, 
dinary expenses. 

§ 2. Appropriates §37,500 per annum for 
painting, relaying floors, repairs, etc., 
and for woman's prison, and carrying 
on parole system. For extending fire 
mains, electric generator and arc 
light machine, §3,400. 

An Act to make appropriations for ordinary and other expenses 
of the Illinois State Penitentiary at Joliet. 

Section 1. Beit enacted by the People of the State of Illinois 
represented in the General Assembly: That the following amounts, 
or as much thereof as may be necessary, be, and the same are, appro- 
priated to the Illinois State Penitentiary at Joliet, for the purposes 
hereinafter named and no other: 

For ordinary expenses for two years ending June 30, 1901, the sum 
of ninety thousand (90,000) dollars per annum. 

§ 2. For painting, relaying floors, repairs, renewing roofs and 
walls of buildings, renewing and rebuilding steam and water pipes, 
engines, boilers and machinery, and to make such other repairs and 
renewals as may be required to keep said prison plant in ordinary 
repair, the sum of twenty-five thousand (25,000) dollars per annum. 

For expense of operating and maintaining the woman's prison, 
seven thousand five hundred (7.500) dollars per annum. 

For expense of carrying on the parole system as now provided by 
law, the sum of five thousand (5,000) dollars per annum. 

For extension of fire mains in prison yard, the sum of twelve 
hundred (1,200) dollars. 

For additional electric generator in power house, the sum of twelve 
hundred (1,200) dollars. 

For additional arc light machine, the sum of one thousand (1,000) 
dollars. 

§ 3. The Auditor of Public Accounts is hereby authorized to 
draw his warrant upon the State Treasurer for the moneys herein- 
before appropriated, upon the order of the board of commissioners 
of said penitentiary signed by the president and attested by the 
secretary with the seal of said institution attached, and approved by 
the Governor. 

Approved April 24, 1S99. 



40 APPROPRIATIONS. 



PENITENTIARIES — SOUTHERN. 

§ 1. Appropriates for ordinary expenses, I 2. How drawn . 
and to keep convicts profitably em- 
ployed and for expense of carrying 
on parole system, etc., §95,000 per an- 
num; for contingent expenses, re- 
pairs, improvements, etc., $45,500. 

An Act making an appropriation for the Southern Illinois peni- 
tentiary, and to enable the commissioners thereof to keep the con- 
victs in said penitentiary profitably employed. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That the following amounts, 
or so much thereof as uxny be necessary, be, and the same are hereby, 
appropriated to the Southern Illinois penitentiary for purposes here- 
inafter named and no other. 

For ordinary expenses for the two years ending June 30, 1901, and 
to enable the commissioners to keep profitably employed the con- 
victs of said penitentiary, and the commissioners are hereby author- 
ized to expend so much of the amount hereby appropriated as may 
be necessary for tools, machinery, fixtures and materials sufficient to 
keep employed as nearly as may be all prisoners who are now or may 
hereafter become idle and to provide for the sale of goods herein 
manufactured, and said commissioners shall employ such prisoners 
at such occupation as are best adapted to secure their health, disci- 
pline and reformation, the sum of ninety thousand (90,000) dollars 
per annum. 

For contingent expenses, five thousand (5,000) dollars; for repairs 
and refurnishing, ten thousand (10,000) dollars; for excavating and 
grading, two thousand five hundred (2,500) dollars; for maintaining 
library and furnishing chapel, one thousand (1.000) dollars; for the 
purchase of five pairs of mules and harness, one thousand (1.000) 
dollars; for the purchase of new brick machines and the erection of 
a brick shed, fifteen thousand (15,000) dollars; for the erection of a 
dining hall for convicts, three thousand (3,000) dollars; for repairing 
the stockade wall in rear of prison yard, five hundred (500) dollars; 
for removing the pumping station and machinery and building a 
reservoir, seven thousand five hundred (7,500) dollars. 

For the expense of carrying on the parole system as now provided 
by law T , the sum of five thousand (5,000) dollars per annum. 

§ 2. The Auditor of Public Accounts is hereby authorized to 
draw his warrant upon the State Treasurer for the moneys herein 
appropriated in such sums and at such times as the same may be 
required, upon the order of the board of commissioners of said 
penitentiary, signed by the president and attested by the secretary 
with the seal of the institution and the approval of the Governor 
thereto attached. 

Approved April 22, 1899. 



APPROPRIATIONS. 41 



PRACTICE COMMISSION. 

Appropriates §3,500 for ordinary and 
incidental expenses of commission; 
for secretary, 82, 000 — how paid— mem- 
pers to receive no compensation ex- 
cept expenses. 

An Act to make appropriation for the "Practice Commission" to 
he appointed by the Governor under joint resolution, adopted by 
the Senate of the State of Illinois on February 23, A. D. 1899, 
and concurred in by the House of Representatives on March 15, 
1899. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That there be, and is hereby, ap- 
propriated to the practice commission to be appointed by the Gov- 
ernor under joint resolution adopted by the House and Senate of the 
State of Illinois, the sum of three thousand, five hundred dollars in 
full for its ordinary and incidental expenses, as follows: To a secre- 
tary who shall be a stenographer and typewriter, hereafter to be 
employed by said commission when appointed, the sum of two 
thousand dollars in full compensation for his services and for his 
expenses of every nature. Out of said sum he shall- be paid one 
hundred dollars on the first day of each month succeeding his ap- 
pointment, and whatever balance may remain of the said two thou- 
sand dollars, shall be paid to him on the submission of said report. 

That the members of said commission shall serve without salary, 
fees or compensation of any kind, except that there shall be paid to 
each of them the sum of three hundred dollars immediately upon the 
submission of such report to cover his personal expenses while en- 
gaged in such service. 

§ 2. The Auditor of Public Accounts is directed to draw his 
warrants on the State Treasurer in favor of said persons, respectively, 
for the amounts herein appropriated, payable out of any money not 
otherwise appropriated, upon the order of said ''practice commission." 

Approved April 21, 1899. 



STATE REFORMATORY. 

■>, 1. Enacting clause. 5 3. How drawn. 

I 2. Appropriates 822,000 for completion of 
school building and bath rooms and 
equipment of same. 

An Act making an appropriation for the Illinois Stcde Reforma- 
tory at Pontiac, for the completion of a sclwol building and bath 
rooms and the equipment of same. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That the following sum be, 
and is hereby, appropriated for the purposes hereinafter named, pay- 
able according to law: 



42 APPROPRIATIONS. 



§ 2. For the completion of the school building and bath rooms at 
the south end of cell house, and equipment of same, $22,000. 

§ 3. The Auditor of Public Accounts is hereby authorized to 
draw his warrants on the State Treasurer for the money hereinbefore 
appropriated upon the order of the board of managers of said reform- 
atory, signed by the president and attested by the secretary, with the 
seal of said reformatory attached, and approved by the Governor. 

Approved April 24, 1899. 



RELIEF OF ADAH J. HUNT. 
§ 1. Appropriates 82,000 for the relief of Adah J. Hunt— how drawn. 

An Act to pay to Mrs. Adah J. Hunt hoo thousand dollars on ac- 
count of the death of her son, Valentine H. Hunt, from disease 
contracted while in the discharge of his duty as a private in Com- 
pany 31, First regiment, Illinois National Guard, when in active 
service. 

Whereas, Valentine H. Hunt on the seventh day of May, 1898, at 
Springfield, Illinois, after three years' service as a private in the 
first regiment, Illinois National Guard, died from exposure and dis- 
ease resulting therefrom while in the discharge of his duty as a 
member of company M of said regiment, when in active service pur- 
suant to the order of the Governor of Illinois; and 

Whereas, The said Valentine H. Hunt left surviving him a mother 
dependent upon him in his lifetime for her support; therefore 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That two thousand dollars be,, 
and the same is hereby, appropriated out of the treasury as compen- 
sation and relief of the said Mrs. Adah J. Hunt, mother of the said 
Valentine H. Hunt, and that the Auditor of Public Accounts issue 
his warrant on the treasury therefor. 

Approved April 24, 1899. 



RELIEF OF ALFRED RUSSELL. 



Appropriates $2,570 for money fur- 
nished battery D, Illinois National 
Guard. 



I 2. How drawn. 



An Act making an appropriation to pay Alfred Russell for moneys 
advanced by him to Battery D, Illinois National Guard, from 
July 1, 1893, to June 30, 1895. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of $2,570.00 
be, and the same is hereby, appropriated to reimburse Alfred Russell 
for money advanced by him to battery D, Illinois National Guards, 
to pay for janitor service, fuel and lights, from Julv 1, 1893, to June 
30, 1895. 



APPROPRIATIONS. 43. 



§ 2, The Auditor of Public Accounts is hereby authorized to- 
draw his warrant upon the State Treasurer for the above amount in 
favor of Alfred Russell, upon satisfactory vouchers, approved by the 
Governor, being presented to him, and the State Treasurer is hereby 
directed to pay the same out of any money in the State treasury not 
otherwise appropriated. 

Approved April 19, 1899. 



RELIEF OF B. M. SHAFFNER. 

I I. Appropriates 81,710.13 for relief of B. i § 2. How drawn. 
M. Shaffner. 

An Act making an appropriation to pay B. 31. Shaffner for 
moneys advanced by him to the Naval Militia of Illinois for the 
years 1894 and 1895. 

Section 1. Be it enacted by the People of the Stcde of Illinois^ 
represented in the General Assembly: That the sum of $1,710.13- 
is hereby appropriated to reimburse B. M. Shaffner for moneys ad- 
vanced by him to the Naval Militia of Illinois for the years 1894 and 
1895, for rent of armory, fuel, heat and light, janitor service and to 
ship-keeper. 

§ 2. The Auditor of Public Accounts is hereby authorized to draw 
his warrant upon the State Treasurer for the above amount in favor 
of B. M. Shaffner, upon satisfactory vouchers, api3roved by the Gov- 
ernor, being presented to him. and the State Treasurer is hereby 
directed to pay the same out of any money in the State treasury not 
otherwise appropriated. 

Approved April 21, 1899. 



RELIEF OF FRANK H. ROSS. 

2 1. Appropriates $2, 437 to Frank H. Ross §2. Emergency, 
for work and material on foundation 
of battleship for Naval Militia at 
Chicago. 

An Act making an appropriation to pay the cost of putting in the 
foundation of the battleship for the naval militia cd Chicago. 

Section 1. Be it enacted by the People of the Stcde of Illinois,, 
represented in the General Assembly : That the sum of two thous- 
and four hundred and thirty-seven dollars ($2,437) be, and the same 
is hereby, apropriated for payment to Frank H. Ross for work and 
material furnished by him in the construction of the foundation for 
the battleship to be used by the first battalion. Illinois Naval 
Militia, at Chicago. 

§ 2. Emergency.] Whereas, an emergency exists, therefore this, 
act shall be in force and take effect from and after its passage. 

Approved April 22, 1899. 



44 APPROPRIATIONS. 



RELIEF OF ROBERT T. HILL. 

§ 1. Appropriates $2,500 for the relief of I §2. How drawn. 
Robert T. Hill. 

An Act to make an appropriation for the relief of Robert T. Hill, 
injured by a fall on afire escape, the same being approved and 
operated at Sterling. Whiteside County, Illinois, under the direc- 
tion of the State Factory Inspector. 

Whereas. The laws of the State of Illinois compel the putting up 
of fire escapes on buildings within the State, "the number, location, 
material and construction of such escapes to be subject to the ap- 
proval of the inspector of factories;" and 

Whereas, By the erection of such fire escape, so approved by such 
inspector, at Sterling, Whiteside county, Illinois, and while the same 
was being erected and used by the deputy of such inspector, and at 
and under his personal direction and solicitation. Robert T. Hill, of 
said place, was by him induced to go down on such fire escaj)e, when, 
by reason of the improper and insufficient construction of the same, 
it broke, and caused the said Hill to fall a distance of about fifty 
feet, thereby breaking his arms, legs and ribs and otherwise perma- 
nently injuring him and making him a cripple for life; therefore. 

Section 1 . Be it enacted by the people of the Stcde of Illinois, 
represented in the General Assembly : That the sum of $2,500 be, 
and the same is hereby, appropriated for the relief of Robert T. Hill, 
on account of the breaking of his arms, legs and ribs and other per- 
manent injuries received in falling, by a fire escape erected under 
the direction and approval of the factory inspector of this State, and 
which the said Hill was by the said inspector induced to use. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to issue his warrant upon the State Treasurer for the afore- 
said sum of money to said Robert T. Hill, or his legal representa- 
tives, and the State Treasurer is hereby authorized to pay the same 
out of any money in the State treasury not otherwise appropriated. 

Approved April 19, 1899. 



RELIEF OF THOMAS CRAWFORD. 

% 1. Appropriates $2,500 for the relief of i § 2. How drawn. 
Thomas Crawford. 

An Act to make an appropriation for the relief of Thomas Craw- 
ford, injured by a fall on afire escape, the same being approved 
and operated at Sterling, Whiteside County. Illinois, under the 
direction of the State Factory Inspector. 

Whereas, The laws of the State of Illinois compel the putting up 
of fire escapes on buildings within the State, "the number, location, 
material and construction of such escapes, to be subject to the ap- 
proval of the inspector of factories;" and. 



APPEOPRIATIONS. 4I> 



Whereas, By the erection of such fire escape, so approved by such 
inspector, at Sterling, Whiteside county, Illinois, and while the same 
was being erected and used by the deputy of such inspector, and at 
and under his personal direction and solicitation, Thomas Crawford of 
said place, was by him induced to go down on such fire escape, when, 
by reason of the improper and insufficient construction of the same, 
it broke, and caused the said Crawford to fall a distance of about 
fifty feet, greatly injuring him in body and limb and which necessi- 
tated the amputation of his right foot above the ankle; therefore, 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the sum of $2,500 be, 
and the same is hereby, appropriated for the relief of Thomas Craw- 
ford, on account of the loss of one foot and other permanent injuries 
received in falling by a fire escape erected under the direction and 
approval of the factory inspector of this State, and which the said 
Crawford was by said inspector induced to use. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to issue his warrant upon the State Treasurer for the afore- 
said sum of money to said Thomas Crawford, or his legal representa- 
tives, and the State Treasurer is hereby athorized to pay the same 
out of any money in the State Treasury not otherwise appropriated.. 

Approved April 19, 1899. 



STATE BOARD OF AGRICULTURE. 



FOR BUILDING PURPOSES, ETC. 



Appropriates $58,000 to the State Board 
of Agriculture for the following- pur- 
poses: 
Forthe erectionof a woman's 

building SS, 000 



To pay note given J. W. 

Bunn 30, 000 

To pay note given to B. H. 

Brainard 20, 000 

2. How drawn. 



An Act making an appropriation for the State Board of Agricul- 
ture, to be used in the construction of permanent buildings and 
improvements, and for beautifying the State Fair Grounds at 
Spr ingfie Id, II linois . 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That the sum of fifty-eight 
thousand dollars ($58,000), or so much thereof as may be necessary, 
out of the State treasury not otherwise appropriated, be and the 
same is hereby, appropriated to the State Board of Agriculture for 
the construction of permanent buildings for the State fair and for 
the improvement and beautifying of the State fair grounds, viz: 

For a woman's building, eight thousand dollars ($8,000) . 

"The erection of said building to be under the supervision of a 
board of three (3) women to be appointed by the Governor, who are 
to act in conjunction with the State Board of Agriculture." 



46 



APPROPRIATIONS. 



To pay note given to John W. Bunn, the sum of thirty thousand 
dollars ($30,000), to pay note given to B. H. Brainard, treasurer, 
twenty thousand dollars ($20,000) . 

§ 2. That on the order of the president, countersigned by the 
secretary of the State Board of Agriculture and approved by the 
Governor, the Auditor of Public Accounts shall draw his warrant 
upon the State Treasurer in favor of the treasurer of the Illinois 
State Board of Agriculture for the sums herein appropriated: Pro- 
vided, that all of said money shall be paid in installments, from time 
to time, as the same shall be needed to pay for the improvements 
authorized by this act, and on vouchers to be approved by the Gov- 
ernor. 

Approved April 24, 1899. 



STATE BOARD OF AGRICULTURE. 



FOR STATE AND COUNTY FAIRS. ETC. 



I 2. How drawn. 

I 3. Biennial report to Governor. 



'i 1. Appropriates §5,000 per annum for the 
encouragement of an exhibit at the 
State fair; for use of each county 
and agricultural fair, S200 per annum; 
for secretary's salary, clerk hire, 
janitor, agricultural museum, pub- 
lishing statistics, office expenses, 
etc., $9,470. 

An Act making appropriations for the State Board of Agriculture 
and county and other agricultural fairs. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That there be, and is hereby, 
appropriated to the State Board of Agriculture the following sums, 
to-wit: 

For the encouragement of an exhibit at the State fair, the sum of 
live thousand dollars ($5,000) per annum for the years 1899 and 1900: 
and for the use of each county or other agricultural society, the sum 
of two hundred dollars ($200) per annum, to be paid to the treasurer 
of the society, for fairs held in 1898 and 1899. 

For the salary of secretary, the sum of twenty-five hundred dollars 
($2,500) per annum for the years 1899 and 1900. 

For clerk hire, the sum of twenty-four hundred dollars ($2,400) 
per annum for the years 1899 and 1900. 

For curator, the sum of one thousand dollars ($1,000) per annum 
for the years 1899 and 1900. 

For receiving and shipping clerk, the sum of one thousand dollars 
<$1,000) per annum for the years 1899 and 1900. 

For janitor, the sum of four hundred and twenty dollars ($420) per 
■annum for the years 1899 and 1900. 



APPROPRIATIONS. 47 



For the agricultural museum, the sum of one hundred and fifty 
dollars ($150) per annum for the years 1899 and 1900. 

For the expense of collecting, compiling and publishing live stock 
and agricultural statistics, the sum of six hundred dollars ($600) per 
annum for the years 1899 and 1900. 

For the agricultural library, the sum of two hundred dollars ($200) 
per annum for the years 1899 and 1900. 

For office expenses, furniture, repairs, postage, expressage, etc., the 
sum of twelve hundred dollars (81,200) per annum for the years 1899 
and 1900. 

§ 2. That, on the order of the president, countersigned by the 
secretary of the State Board of Agriculture and approved by the 
Governor, the Auditor of Public Accounts shall draw his warrant 
upon the treasurer in favor of the treasurer of the Illinois State 
Board of Agriculture, for the sums herein appropriated: Provided. 
that each warrant on account of county or other agricultural fairs 
shall show the agricultural society for whose benefit the same is drawn, 
and that no warrant shall be drawn in favor of any agricultural 
society unless the order aforesaid be accompanied by a certificate of 
the State Board of Agriculture showing that such agricultural 
society held an agricultural fair during the preceding year in com- 
pliance with the rules and regulations as provided by said State 
Board of Agriculture: Provided further, that no warrant shall be 
drawn in favor of any agricultural society until the president and 
treasurer of such societ) r file an affidavit with the State Board of 
Agriculture that no wheel of fortune or other gambling device was 
licensed or allowed upon the fair grounds. 

§ 3. It shall be the duty of the treasurer of the State Board of 
Agriculture, on the order of the president, countersigned by the sec- 
retary of the State Board of Agriculture, to pay over to the treasurer 
of each agricultural society the sum received for its use and benefit 
as aforesaid, and make biennial ^eport to the Governor of all such 
appropriations received and disbursed by him. 

Approved April 21, 1899. 



48 APPROPRIATIONS. 



STATE CAPITOL. 



FOR ELECTRIC LIGHT PLANT. 



I 1. Appropriates 820, 000 for electric light I \ 3. How drawn, 
plant for Capitol building 1 and Execu- 
tive Mansion. 

'i 2. Secretary of State to have charge of 
construction. 

An Act making an appropriation for the construction of an elec- 
tric light plant for the purpose of furnishing light to the capitol 
building and the executive mansion. 

Section 1. Be it enacted by the People of the Stcde of Illinois 
represented in the General Assembly : That there be, and is hereby, 
appropriated the sum of $20,000 for tha purpose of constructing an 
electric light plant for the use of the capitol building and the execu- 
tive mansion. 

§ 2. The Secretary of State is hereby charged with the construc- 
tion of said electric light plant, and he is authorized to let the con- 
tract for the construction of the same. 

§ 3. The Auditor of Public Accounts is hereby authorized to 
draw his warrants on the State Treasurer for any part of the above 
named sum on bills properly certified to by the Secretary of State 
and approved by the Governor. 

Approved April 21. 1899. 



state capitol. 

REPAIRS ON STATE HOUSE AND HEATING PLANT. 

§ 1. Appropriates $9, 642 for repairs on State i §2. Repairs under control of the Secretary 
House and heating plant. of State— how drawn. 

An Act making an appropriation for repairs on Stcde House and 

heeding plant. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That there be, and is hereby, 
appropriated the sum of $9,6-42, for the purpose of making the fol- 
lowing repairs on the State capitol: For repairing roof of engine 
house, painting windows and corridors, repairing roof, tiling, plumb- 
ing, steam-fitting and arc light dynamo. 

§ 2. The repairs mentioned in section 1 of this act shall be made 
under the direction of the Secretary of State, and the Auditor is 
hereby authorized to draw his warrants on the State Treasurer for 
said amount, or any part thereof, upon bills properly certified to by 
the Secretary of State and approved by the Governor. 

Approved April 24, 1899. 



APPROPRIATIONS. 49 



STATE ENTOMOLOGIST. 



Annual inspection of nurseries— issu- 
ing' certificates— duplicates, where 
filed— to be attached to shipments of 



4. Penalty for violation of act. 



5. Location of office— appointment and 
qualification of assistants— disposi- 
mirsery stock. tkm of funds rece ived-salaries and 



expenses, how paid— reports to Gov- 
ernor and Stivte Horticultural Society. 

? 6. Appropriates S8, 000— how drawn. 

I 7. Emergency. 



I 2. Suspected premises to be inspected— 
entomologist may treat trees or 
destroy them — certificates shall be 
given to owner of premises free from 
disease. 

'i 3. shipments of nursery stock from other 
states must bear certificate of inspec- 
tion—without such certificate un- 
lawful for common carriers to deliver 
beforeiiuspection by State Entomolo- 
gist. 

An Act to prevent the introduction and spread iii Illinois of the 
San Jose scale and other dangerous insects and contagious 
diseases of fruits. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That it shall be the duty 
of the State Entomologist of Illinois to inspect, or cause to be in- 
spected by his duly appointed assistants, once each year ail nurseries 
in the State of Illinois as to whether they are infested by dangerous 
insects or infected with contagious plant diseases, and if upon such 
inspection such nurseries appear to be free from such dangerous 
insects or diseases he shall, upon the payment of the expenses of 
inspection as certified by him, give to each owner of such nursery 
or nurseries a certificate to the facts, and shall file duplicate certifi- 
cates with the director of the State Agricultural Experiment Station 
and with the secretary of the State Horticultural Society, which cer- 
tificates shall be at all times subject to public inspection. When- 
ever a nurseryman or seller of trees, vines, plants or other nursery 
stock within this State shall ship or deliver any such stock he shall 
place and send on each package so shipped or delivered a copy of 
a certificate the original of which is signed by a State or government 
inspector stating that said stock has been inspected and has been 
found apparently free from dangerous insects or contagious plan*" 
diseases, and the use of such certificate in connection with nursery 
stock any and every part of which has not been inspected and certi- 
fied as aforesaid shall render the owner of such stock liable to the 
penalties prescribed for a violation of this act. 

§ 2. It shall further be the duty of the State Entomologist to in- 
spect, or to cause to be inspected, from time to time any nursery, 
orchard, fruit plantation or other property or place in this State 
which he shall have reason to suppose to be infested by dangerous 
insects or infected with contagious plant diseases, and for the pur- 
pose of such inspection he and his assistant are authorize;!, during 
reasonable business hours, to enter into or upon any farm, orchard, 
nursery, garden, storehouse or other building or place used for the 
growing, storage, packing or sale of trees, plants or fruits, [; and if] 



50 APPROPRIATIONS. 



the State Entomologist shall find by inspection as aforesaid that any 
nursery, orchard or garden or other property or place is infested by the 
San Jose scale or other dangerous insect, or infected with contagious 
plant diseases, liable to spread or be conveyed to other premises to 
the serious injury of the property thereon, he shall notify in writing 
the owner or the person in charge of such infested or infected 
property, and shall direct him within a time and in a manner pre- 
scribed in such notice to use such measures as shall prevent the 
conveyance or spread of such insects or disease to the property of 
others, and such infested or infected property shall not be removed 
after the owner or person in charge of the same shall have been 
notified in writing as aforesaid without the written permission of 
the entomologist. If the person so notified shall refuse or neglect 
to treat and disinfect said premises or property in the manner and 
within the time prescribed in said notice, it shall be the dutj r of the 
State Entomologist to cause such property or premises to be so 
treated, and he shall certify to the owner or person in charge of the 
premises one-half the amount of the cost of treatment, and if not 
paid to him within sixty days thereafter the same may be recovered, 
together with the cost of action, before any court in the State having 
competent jurisdiction: Provided, that any orchard property found 
infested by the San Jose scale which the State Entomologist has 
good reason to believe became so infested before the year 1899, shall 
be once thoroughly treated and disinfected by the entomologist with- 
out charge to the owner of said infested property And, further 
provided, that any part of such property which may, in the judg- 
ment of the entomologist, be so badly infested by the San Jose scale 
as to be worthless, may be destroyed by him or his assistant without 
liability for compensation to the owner thereof, and if he should find 
that such orchard or fruit plantation or other property or place in 
this State is not so infested, that he shall be required to give the 
owners thereof a certificate to that effect without charge. 

§ 3. Whenever any trees, shrubs, plants or vines are shipped into 
the State from some other state, country or province, every package 
thereof shall be plainly labeled on the outside with the name of the 
consignor, the name of the consignee, and a certificate showing that 
the contents have been inspected by a State or government officer, 
and that the trees, vines, shrubs or plants therein contained appear 
free from all dangerous insects or diseases. Whenever any trees, 
shrubs, vines or plants are shipped into this State without such cer- 
tificate plainly fixed on the outside of the package, box or car con- 
taining the same, the facts must be reported within twenty-four 
hours to the State Entomologist by the railway, express or steamboat 
company, or other person or persons carrying the same, and it shall 
be unlawful to deliver any such property until it has been inspected 
by the State Entomologist or his assistants and by him or them cer- 
tified to be free from dangerous insects or contagions diseases. Any 
agent of any railway, steamboat or express company, or other per- 
son or persons carrying such property as aforesaid, who shall fail to 
give such notice as above required shall be deemed guilty of a vio- 
lation of this act. 



APPROPRIATIONS. 51 



When nursery stock is shipped into this State accompanied by a 
certificate, as herein provided, it shall be held prim a facie evidence 
of the facts therein stated, but the State Entomologist, by himself or 
his assistants, when they have reason to believe that any such stock 
is infested with dangerous insets, or is infected with contagious dis- 
eases, shall be authorized to inspect the same and subject it to like 
treat men as provided in section 2 of this act. 

§ 4. Any person violating or neglecting to carry out the provis- 
ions of this act, or offering any hindrance to the carrying out of this 
act, shall be adjudged guilty of misdemeanor, and, upon conviction 
before a justice of the peace, shall be fined not less than ten dollars 
and not more than one hundred dollars for each and every offense, 
together with all the costs of the prosecution, and shall stand com- 
mitted until the same is paid. It shall be the duty of the State's 
attorney to prosecute all violations of this act, and all amounts so 
recovered shall be paid over to the treasurer of the State. 

§ 5. The office of the State Entomologist shall be established at 
the University of Illinois, the trustees of which shall provide for 
him and his assistants such office and laboratory rooms as may be 
necessary to the performance of their duties. He shall have power 
to appoint such qualified assistants as may be necessary to the exe- 
cution of this act, who shall be a competent, scientific and practical 
entomologists, and to fix a reasonable compensation for their labor, 
and their acts, done in pursuance of his instructions, shall have the 
same validity as his own. He shall pay over to the State Treasurer 
all the funds coming into his hands under the provisions of section 
2 of this act, with an itemized statement of the sources whence re- 
ceived. He shall certify to the State Auditor the amount of his ex- 
penses and those of his assistants, and of the salaries of his assist- 
ants employed under this act, less the sums received under section 1 
of this act. and the Auditor shall thereupon draw his warrant upon 
the State Treasurer for the amount, which shall be paid out of the 
funds provided for carrying this act into effect. The State Entomolo- 
gist shall make to the Governor a biennial report of his operations 
under this act, together with a financial statement in detail as a part 
of his report as State Entomologist, and he shall also make each year 
to the State Horticultural Society, at its annual meeting, a statement 
showing the Illinois nurseries inspected, the number and kinds of 
certificates issued, the location and ownership of the premises treated 
or disinfected by him or his assistants, the kinds and amount of 
property destroyed by him in pursuance to this act. and such other 
facts concerning the operations of his office under this act as the 
executive committee of said horticultural society may request. 

§ 6. There is hereby appropriated to the State Entomologist for 
the salaries of assistants and for expenses incurred under this act 
the sum of eight thousand dollars ($8,000) for the years 1899 and 
1900, or so much thereof as may be necessary. The Auditor of Pub- 
lic Accounts is hereby authorized to draw his warrant upon the State 
Treasurer against the sums herein appropriated upon the presenta- 
tion of proper vouchers, and the State treasury [Treasurer] shall pay 
'the sum out of any funds in the public treasury. 



52 APPROPRIATIONS. 



§ 5. Whereas, an emergency exists, therefore this act shall take- 
effect and be in force from and after its passage. 

Approved April 11, 1899. 



STATE GOVERNMENT. 

APPREHENSION AND RETURN OF FUGITIVES FROM JUSTICE. 

I 1. Appropriates $4,500 for deficiency in £ 2. Emergency, 
expenses for apprehension and de 
livery of fugitives from justice- 
how drawn. 

An Act to provide for a deficiency in the expenses provided by 
law for the apprehension and delivery of fugitives from justice- 
for the fiscal year ending June 30, 1899. 

Section 1. Be it enacted by the People of the State of Illinois , 
represented in the General Assembly : That the sum of $4,500 be, 
and is hereby, appropriated for the purpose of meeting the expenses 
incurred in the apprehension and delivery of fugitives from 
justice, as provided by law, for the fiscal year ending June 30, A. D. 
1899, to be paid on the evidence required by law and when certified 
to and approved by the Governor. 

§ 2. Whereas, said sum of money is immediately necessary, 
therefore an emergency exists, and this act shall take effect from; 
and after its passage. 

Approved March 29, 1899. 



state government. 

FOR BINDING PUBLIC DOCUMENTS. 

I 1. Appropriates $2, 500 for binding for fis- 2 3. Emergency. 
cal year ending July 30,1899. 

I 2. How drawn. 

An Act making appropriation to pay for binding under contract 
made by the State Board of Contract Commissioners . 

Section 1. Be it enacted by the People of the Stcde of Illinois, 
represented in the General Assembly : That there be, and is hereby, 
appropriated the sum of $2,500, or so much as may be necessary, to 
pay for the binding of public documents under contract for the 
fiscal year ending June 30, A. D. 1899. 

§ 2. The Auditor of Public Accounts is hereby authorized to- 
draw his warrants upon the State Treasurer for the amount herein 
appropriated upon presentation of proper vouchers certified to as 
required by law. 

§ 3. Whereas, the sum of money appropriated by the last General 
Assembly is insufficient to pay for the said public binding, therefore 
an emergency exists, and this act shall take effect from and after its- 
passage. • 

Approved April 5, 1899 



APPROPRIATIONS. 



53 



STATE GOVERNMENT. 



FOR GENERAL EXPENSES. 



1. 



4. 
5. 



;? 1. Appropriates $3,302,033.33 for ordinary 
and contingent expenses of State 
Government, to-wit: 

To the Governor, for a contin- 
gent fund, $5,000 per annum. 

For private secretary, stenog- 
rapher and executive clerk, 
$6,000 per annum. 

For postage, office expenses, 
etc., $1,500 per annum. 

For porter, $720 per annum. 

For repairs and care of Execu- 
tive Mansion, etc., $5,000 per 
annum. 

To the Secretary of State, for 
clerk hire, stenographers, 
janitors, policemen, watch- 
men, etc., $70, 780 per annum; 
for corporation department, 
$2, 500 per annum; for postage, 
telegraphing, repairs, express- 
age, etc., $3,000 per annum; 
for care and custody of State 
House and grounds, $10,000 
per annum; for enforcing for- 
eign corporation law, $5,000 
per annum. 

For heating, fuel, repairs, etc., 
$12, 000 per annum; for repair- 
ing State House, $5, 000 per an- 
num. 

For lighting State House, $4,000 
per annum. 

For library books and incidental 
expenses, State library, $1,200 
per annum; for salary of as- 
sistant librarians, $1,720 per 
annum. 

For paper and stationery, $18,000 
per annum. 

For public printing, $50,000; for 
public binding, $10,000 per an- 
num. 

For copying laws and journals, 
$300; for distribution of State 
documents, $300; for express- 
age and postage on same, 
$1,000 per annum. 

For Supreme Court reports, 
such sum as is necessary. 

For nags, $200. 

To Auditor of Public Accounts, 
for clerk hire, stenographer, 
janitor and messenger, $13,740 
per annum; for repairs, post- 
age, expressage, etc., .%!,500 
per annum. 



8. 



10. 



11, 



12. 



13. 

14. 

.15. 



16. 

17. 
18. 

19. 



20. 



21. 



23. 

24. 



25. 
26. 
27. 



28. 



29. 



For conveying female offenders 
to the State Home, $1,000 per 
annum. 

For costs of State suits, $500 per 
annum. 

For conveying convicts to the 
penitentiary. $20,000 per an- 
num. 

For apprehension and delivery 
of fugitives from justice, 
$1.2, 000 per annum; for re- 
wards for arrest of fugitives 
from justice, $2,000. 

For conveying offenders to 
State Reformatory, $15,000 per 
annum. 

For expenses of Slate Board of 
Equalization, $10,000 per an- 
num. 

To the State Treasurer, for clerk 
hire, watchmen and messen- 
ger. $11,000 per annum; for 
repairs, expressage, postage, 
etc., $1,000 per annum. 

To refund taxes paid in error, 
such sum as may be necessary. 

To the Superintendent of Pub- 
lic Instruction, for clerk hire, 
stenographer, janitor, porter 
and messenger, library, inci- 
dental expenses, etc., $6, 320 per 
annum; for refurnishing of- 
fice, $1,000. 

To pay interest on school fund, 
$57,000 per annum. 

To pay State school fund, 
$1,000, 000 per annum. 

To the Attorney General, for 
clerk hire, stenographer, por- 
ter and messenger, $7,520 per 
annum; for performance of 
official duties, $10,000 per an- 
num; for incidental expenses, 
$8, 000 per annum. 

To the Adjutant General, for 
clerk hire, postage, repairs, 
telegraphing and incidental 
expenses, $9,740; repairs and 
carpeting office, $500. 

To the Board of Public Chari- 
ties, for secretary's salary, 
clerk hire, stenographer and 
incidental expenses, $9, 700 per 
annum. 



54 



APPROPRIATIONS. 



38. To the Supreme Court, for inci- 
dental and contingent ex- 
penses. §4,000 per annum; for 
librarian and janitors, $1,720 
per annum; to clerk of North- 
ern Grand Division, for sten- 
ographer and janitor, SI, 920 
per annum. 

31. To the Appellate Courts, for ar- 

rears in rent, $5,083.33; for re- 
pairs, furniture, carpets and 
books, S3, 100; for rent for 
branch offices. $10, 500 per an- 
num; for stenographers, li- 
brarians, janitors and inci- 
dental expenses, etc., $12,860 
per annum; for books, 81,500 
per annum. 

32 . To the State Museum of Natural 

History, for salaries of curator 
and assistant, janitor, $4,220 
per annum; for incidental and 
traveling expenses, S500 per 
annum. 

33. To the Railroad and Warehouse 

Commissioners. for salaries of 
secretary, civil engineer, clerk 
hire, office expenses, litiga- 
tion, printing maps, etc., 
§11,700 per annum; for print- 
ing and mailing schedules, 
$1,000. 

34. To the Commissioners of Labor 

Statistics, for procuring sta- 
tistics, salary of secretary, 
clerk hire, incidental ex- 
penses, etc., $12,500 per an- 
num; to the State Board of 
Examiners of Mine Inspectors, 
etc., for per diem and ex- 
penses, $7,000 per annum; to 
the Illinois free employment 
offices of Chicago, for salaries 
and expenses, $4,600 per an- 
num. 

35. To the Board of Live Stock 

Commissioners, for salary of 
secretary, commissioners' ex- 
penses, clerk hire, stock yards 
agents, State and assistant 
veterinarians, tuberculine 
tests, janitors, messenger, 
etc., $2S,220 per annum; for 
suppression of disease, S20, 000. 



36. To the Fish Commissioners, to 

be used in pursuance of law, 
S7,500 per annum; for travel- 
ing and other expenses. $5,000- 
per annum; for the purchase 
of steamboat, $5,000; for op- 
erating said boat, $2,500 per 
annum. 

37. To the State Board of Health, 

for salary of secretary, clerk- 
hire and necessary and inci- 
dental expenses. 89,250; for 
outbreak of epidemics, etc., 
$10,000. 

38. To the Lieutenant Governor, for 

postage, telegraphing, station- 
ery and incidental expenses, 
$50 per annum. 

39. To the 42d General Assembly, 

for committee expenses, $1,009. 

40. To the Superintendent of In- 

surance, for clerk hire, inci- 
dental expenses, examina- 
tions, attending annual con- 
vention, legal services, print- 
ing and distributing reports, 
etc., $34, 125 per annum. 

41. To the Trustees of Lincoln 

Homestead, for salary of cus- 
todian, repairs and improve- 
ments, S2. 300 per annum. To 
the trustees of Lincoln monu- 
ment, for salary of custodian, 
81,000 per annum; for fuel. 
$100. 

42. To the Illinois State Historical 

Library , for care and mainte- 
nance of library, salary of li- 
brarian and publication of 
early history of the State, 
$3, 100 per annum. 

43 . To the State Factory Inspectors, 

for salaries and expenses, 
$17,500. 

44. To the Supreme Court Reporter, 

for printing and distributing 
proof of opinions and for cus- 
todian and messenger, $1,470 
per annum. 

45. To the State Board of Arbitra- 

tion, for secretary's salary, 
postage, stationery, telegraph- 
ing and all other expenses,. 
$3,700 per annum. 



APPROPRIATIONS. 



55 



46. To the Board of Pardons, for 48. How drawn. 

salaries of members, secre- 
tary, stenographer and office 
expenses, $10,250. 

47. To the State Entomologist, for 

salaries of assistants, ex- 
penses and for the illustration 
of bulletins and reports, $4,000 
per annum. To the State Ag- 
ricultural Experiment Sta- 
tion, for publication bulletins, 
$750 per annum. To the State 
Laboratory of Natural His- 
tory, for expenses of natural 
history survey, etc., for sup- 
ply of specimens to State and 
public schools. $8, 500 per an- 
num; for publication of bulle- 
tins and reports. SI. 000. To 
the University of Illinois, for 
interest on endowment fund, 
$50,000. 

An Act to provide for the ordinary and contingent expenses of 
the State government until the expiration of the fiscal quarter 
after the adjournment of the next regular session of the General 
Assembly. 

Section 1. Be it enacted by the People of the State of Illinois r 
represented in the General Assembly : That the following named 
sums, or so much thereof as may be necessary, respectively,, for the 
purposes hereinafter named, be, and are hereby, appropriated to meet 
the ordinary and contingent expenses of the State government until 
the expiration of the first fiscal quarter after the adjournment of the 
next General Assembly: 

First — A sum not exceeding $5,000 per annum shall be subject to 
the order of the Governor for defraying such public expenses of the 
State government as are unforseen by the General Assembly and not 
otherwise provided for by law, payment to be made from time to time 
upon bills of particulars certified to by the Governor. 

Second — The sum of $6,000 per annum for private secretary to^ 
the Governor for the performance of such official duties of the 
Governor as may be recpaired of him. and for executive clerk and 
stenographer, payable monthly, as hereinafter named. 

Third — A sum not to exceed §1,500 per annum for postage, express- 
age, telegraphing, furniture, furnishing and other incidental expenses- 
connected with the Governor's office, to be paid upon bills of partic- 
ulars certified to by the Governor. 

Fourth — To the Governor, for one porter, the sum of $720 per 
annum, payable monthly. 

Fifth — To the Governor, for the care of the executive mansion and 
grounds and for the heating and lighting of the executive mansion, 
$5,000 per annum, to be paid on bills of particulars certified to by 
the Governor 



56 APPROPRIATIONS. 



Sixth — To the Secretary of State, for clerk hire in his office, the 
following sums: For chief clerk, $2,400 per annum; for one assist- 
ant chief clerk, $1,800 per annum; for one chief corporation clerk, 
$2,000 per annum; for one corporation clerk, $1,800 per annum; for 
one corporation clerk, $1,200 per annum: for one corporation clerk, 
$720 per annum; for one executive clerk, $1,500 per annum; for one 
index clerk, $2,000 per annum; for one assistant index clerk, $1,200 
per annum; for one anti-trust clerk, $1,400 per annum; for two anti- 
trust clerks, $1,000 each per annum; for one anti-trust clerk, $720 per 
annum; for one shipping clerk, $1,100 per annum; for one shipping 
clerk, $1,000 per annum; for one shipping clerk and janitor, $1,000 
per annum; for one shippiug clerk, $800 per annum; for extra cleri- 
cal services, $1,500 rjer annum; for one private secretary and stenog- 
rapher, $1,500 per annum; for one supply clerk, $1,200 per annum; 
for one assistant supply clerk, $900 per annum; for one property 
clerk, $900 per annum; for stenographer and typewriter, $1,000 per 
annum; for one bookkeeper, $1,000 per annum; for three porters 
and messengers, $720 each per annum; for one superintendent of 
capitol buildings and grounds, $1,500 per annum; for one assistant 
superintendent of capitol buildings and grounds, $1,000 per annum; 
for one carpenter, $900 per annum; for one assistant carpenter, $720 
per annum; for eight policemen, $720 each per annum; for two ele- 
vator conductors, $720 each per annum; for eighteen janitors, $720 
each per annum; for one janitress, $600 per annum; for one flagman, 
$720 per annum; for one chief engineer, $1,200 per annum; for two 
assisstant engineers, $900 each per annum; for nine firemen, $720 
each per annum; for one weigher, $900 per annum; for one electrician, 
ail $1,200 per annum; for one assistant electrician, $800 per annum; 
payable upon monthly pay-rolls certified to by the Secretary of State; 
for expenses in connection with the corporation department, the sum 
of $2,500 per annum, or so much thereof as may be necessary. To 
the Secretary of State, for repairs, postage, expressage, telegraphing 
and other incidental expenses of his office, a sum not exceeding 
$3,000 per annum; and for the payment of all necessary incidental 
expenses incurred by the Secretary of State in the care and custody 
of the State house and grounds and other State property, and in re- 
pairs and improvements of the same, and for the performance of 
such other duties as may be imposed upon him by law and for which 
no other appropriation has been made, the sum of $10,000 per 
annum; to the Secretary of State, $5,000 per annum for the purpose 
of carrying into effect a law for and to require every foreign corpor- 
ation doing business in this State to have a public office or place in 
this State at which to transact its business, subjecting it to a certain 
condition, and requiring it to file its articles of incorporation with 
the Secretary of State, and to pay certain taxes and fees thereon; all 
payable upon bills of particulars certified to by the Secretary of 
State. 

Seventh — For fuel, repairs and other incidental expenses connected 
with the heating of the State House, the sum of $12,000 per annum, or 
so much thereof as many be necessary; for repairing State House, 
$5,000 per annum. 



APPROPRIATIONS. 57 



Eighth — For lighting the State House and other incidental ex- 
penses thereof, the sum of $4,000 per annum, or so much thereof as 
may be necessary, to be paid on biils of particulars certified to by 
the Secretary of State and approved by the Governor. 

Ninth — To the Secretary of State, for the purchase of books and 
for the incidental expenses of the State library, the sum of $1,200 
per annum, payable upon bills of particulars certified to by the 
board of commissioners of the State library; for salary of assistant 
librarian, the sum of $1,000 per annum, payable monthly; for the 
salary of second assistant librarian, the sum of $720 per annum, 
payable monthly on the certificate of the Secretary of State. 

Tenth — For the purchase on contract, as required by law, and 
other necessar}^ expenses connected therewith, of printing paper and 
stationery for the use of the General Assembly and the executive 
departments, the sum of $18,000 per annum, payable on bills of par- 
ticulars certified to by the Board of Commissioners of State Contracts 
and approved by the Governor. 

Eleventh— For public printing, the sum of $50,000, or so much 
thereof as may be required; for public binding, the sum of $10,000 
per annum, or so much thereof as may be required. The public 
printing and binding to be paid according to contract, upon the 
certificate of the Board of Commissioners of State Contracts and 
approved by the Governor. 

Twelfth — For copying the laws, journals and joint resolutions of 
the General Assembly, as provided by law, $300; for distribution of 
laws, journals and other State documents and incidental expenses 
connected therewith, the sum of $300; and for expressage and post- 
age on same, $1,000 per annum, payable as provided by law. 

Thirteenth — Such sums as may be necessary to enable the Secre- 
tary of State to purchase such volumes of the reports of the decis- 
ions of the supreme court as he is, or may be, by law required to 
purchase, to be paid on bills of particulars certified to by the Secretary 
of State and approved by the Governor. 

Fourteenth —To the Secretary of State, for the purchase of flags 
for the dome of the capitol building for two years, the sum of $200, 
to be paid on bills of particulars certified to by the Secretary of 
State and approved by the Governor. 

Fifteenth — To the Auditor of Public Accounts, for necessary clerk 
hire in his office the following sums: For chief clerk, $2,400 per 
annum; for revenue clerk, $1,800 per annum; for warrant clerk, 
$1,800 per annum; for stenographer and typewriter, $1,000 per annum; 
for one messenger and clerk, $720 per annum; for one janitor, $720 
per annum; for additional clerk hire, the sum of $3,500 per annum; 
for land clerk, the sum of $1,800 per annum, payable on bills of par- 
ticulars certified to by the Auditor of Public Accounts. To the 
Auditor of Public Accounts for repairs, postage, express charges, 
telegraphing and other incidental expenses incurred in the discharge 
of his duties, a sum not to exceed $2,500 per annum, payable on bills 
of particulars certified to by the Auditor. To the Auditor of Public 



58 APPROPRIATIONS. 



Accounts, for the purpose of paying for the clerical service inciden- 
tal to the banking department and to the building and loan 'depart- 
ment, a sum not to exceed the fees received by him for preliminary 
examinations and for filing reports for such bank and building and 
loan associations as now provided by law. 

Sixteenth — A sum not to exceed $1,000 per annum, or so much 
thereof as may be needed, for conveying female offenders to the 
State home for juvenile female offenders, to be ascertained and paid 
in the same manner as for conveying prisoners to the penitentiary. 

Seventeenth — A sum not exceeding $500 per annum, or so much 
there [of] as may be necessary, costs and expenses of State suits, to be 
paid on bills of particular, certified to by the Auditor and approved 
by the Governor. 

Eighteenth — A sum not exceeding $20,000 per annum, or so much 
thereof as may be necessary, for conveying convicts to the peniten- 
tiary, and from and to the penitentiary in cases of new trials, or when 
used as witnesses in cases, to be paid by the Auditor in the manner 
now provided by law: Provided, that when more than one person is 
convicted at the same term of court, and is committed to the peni- 
tentiary, the sheriff shall take them all at one trip. 

Nineteenth — For the payment of the expenses provided for by law 
for the apprehension and delivery of fugitives from justice, $12,000 
per annum, or so much thereof as may be necessary, to be paid on 
the evidence required by law, certified to and approved by the Gov- 
ernor; and the sum of $2,000 for awards for arrests of fugitives from 
justice, to be paid on bills of particulars having. the order of the 
Governor endorsed thereon. 

Twentieth — The sum of $15,000 per annum, or so much thereof as 
may be necessary, for conveying offenders to the State Reformatory 
at Pontiac, and from and to the reformatory in cases of new trial or 
when used as witnesses in cases, to be paid by the Auditor in the 
manner now provided by law, to be ascertained and paid in the same 
manner as in cases of conveying prisoners to and from the peniten- 
tiary: Provided, that when more than one person is convicted at the 
same term of court, and is committed to the reformatory, the sheriff 
shall take them all at one trip. 

Twenty-first — To the State Board of Equalization, for paying ex- 
penses, a sum not exceeding $10,000 per annum, payable in the man- 
ner provided by law. 

Twenty-second — To the State Treasurer, for clerk hire, the sum of 
$7,500 per annum; the sum of $8,200 per annum for two night and 
two day watchmen, and the sum of $S00 per annum for messenger 
and clerk, all payable on monthly pay-rolls duly certified to by the 
Treasurer. To the State Treasurer, for repairs, express charges, 
postage, telegraphing and other incidental expenses connected with 
his office, a sum not to exceed $1,000 per annum, payable on bills 
of particulars certified to by the Treasurer and approved by the 
Governor. 



APPROPRIATIONS. 59' 



Twenty-third — Such sums as may be necessary to refund the taxes 
on real estate sold or paid on error, and for overpayment of collectors 7 
accounts under laws governing such cases, to be paid out of the 
proper funds. 

Twenty-fourth — To the Superintendent of Public Instruction the 
following sums are hereby appropriated: For assistant superintend- 
ent, $2,400 per annum; for stenographer and typewriter, $1,000 per 
annum; for janitor, porter and messenger, the sum of $720 per 
annum; for library, $200 per annum; all payable on the certificate of 
Superintendent of Public Instruction. To the Superintendent of 
Public Instruction, for postage, and State examinations and other 
necessary expenses of his office, a sum not to exceed $2,000 per 
annum; for refurnishing office, $1,000; payable on bills of particu- 
lars certified to by him and approved by the Governor. Appropria- 
tions made by this clause to be made out of the State school funds. 

Twenty-fifth — The sum of $57,000 per annum, or so much thereof 
as may be necessary, to pay the interest on school funds distributed 
annually in pursuance of law, said amount to be payable from the 
State school funds. 

Twenty-sixth— The sum of $1,000,000 annually, out of the State 
school fund, to pay the amount of the Auditor's orders for the distribu- 
tion of said fund to the several counties, and for the payment of 
the salaries and expenses of county superintendents of schools, as now 
provided by law. The Auditor shall issue his warrant to the State 
Treasurer on the proper evidence that the amount distributed has 
been paid to the county superintendents. 

Twenty- seventh — To the Attorney General, for an assistant, the 
sum of $2,800 per annum; for a second assistant, the sum of $2,500> 
per annum ; for a stenographer, who shall act as clerk, the sum of 
$1,500 per annum; for porter and messenger, the sum of $720 per 
annum; for the performance of such other official duties as are re- 
quired by law, $10,000 per annum, payable on bills of particulars 
certified to by the Attorney General. To the Attorney General, for 
telegraphing, postage and other necessary expenses incurred in the 
discharge of the duties of his office, a sum not to exceed $2,000 per 
annum; for legal and other incidental expenses incident to the dis- 
charge of his duties in relation to the building, loan and homestead 
associations, and to State banks, a sum not to exceed $6,000 per 
annum, payable on bills of particulars certified to by him. 

Twenty-eighth — To the Adjutant General, for clerk hire in his 
office,;the following sums: For assistant adjutant general, $1,800 
per annum; for chief clerk, $1,500 per annum; for record clerk, $900 
per annum: Provided, That in the employment of clerks and assist- 
ants in the Adjutant General's office preference shall be given to 
Union soldiers, their widows and orphans; also the sum of $1,000 per 
annum for postage, telegraphing, repairs and other incidental ex- 
penses connected with memorial hall in his office; also for custodian 
of memorial hall, $900 per annum; for stenographer and typewriter, 
$1,000 per annum; for custodian at arsenal, $1,200 per annum:, for 



€0 APPROPRIATIONS. 



ordnance sergeant at arsenal, $720 per annum; for one messenger, 
$720 per annum; for the purpose of repairs and carpeting for office, 
$500, all payable on monthly pay-rolls or bills of particulars duly 
certified to by the Adjutant General and approved by the Governor. 

Twenty-ninth — To the Board of Public Charities, for salary for sec- 
retary, the sum of $3,000 per annum; for one chief clerk, $1,500 per 
annum; for statistical secretary and stenographer. $1,200 per annum; 
and for necessary incidental expenses of board, a sum not to exceed 
-$4,000 per annum. 

Thirtieth — There is hereby appropriated to defray the incidental 
and contingent expenses of the Supreme Court, to-wit: For station- 
ery, repairs, furniture, expressage, printing and law books to be pur- 
chased under the direction of the court, and other expenses deemed 
necessary by the court, the sum of $4,000 per annum, payable upon 
bills of particulars certified to by at least two of the justices of said 
court. 

There is also appropriated for the Librarian of said court the sum 
of $1,000 per annum, who shall also act as librarian for the appellate 
•court of the third district when in session. Also the sum of $720 
per annum for one janitor for the library and the supreme court, who 
shall perform such duties as shall be determined by the judges and 
clerks of said court, to be paid on the order of at least two of the 
judges of said court. To the clerk of the supreme court of the north- 
ern grand division, for stenographer. $1,200 per annum, and for one 
janitor, $720 per annum. 

Thirty-first — There is also hereby appropriated to defray the inci- 
dental and contingent expenses of the Appellate Courts of this State, 
to-wit: To the appellate court of the first district, the sum of 
$5,083.33 to pay arrears in rent to July 1. 1899; also to the appellate 
court of the first district for the purchase of book cases, shelving, 
office furniture and carpets, the sum of $500; also to the first and 
branch appellate courts, for rent of offices and rooms, $10,500 per an- 
num, from July 1, 1899, and for no other purpose; for incidental 
expenses, $500 per annum for each of said courts; for the purchase 
of books for the library of first appellate court. $500 per annum; for 
the employment of a librarian. $50 per month for appellate court; 
for the purchase of books for the library of the branch appellate court 
of the first district and repair of same, $950; for repairing old books 
in library of first appellate court. $500, and for book cases, furniture 
and fixtures for the branch appellate court, $1,150. Said special ap- 
propriations for furniture, book cases, books and repairing of same, 
fixtures and incidental expenses for the branch appellate court, to be 
expended under the direction of the judges of said branch appellate 
court. 

^ To the second district of the appellate court, for stationery, fuel, 
postage, light, expressage, repairs, furniture and other expenses 
deemed necessary by said court, the sum of $1,750 dollars per annum; 
for books, $500 per annum, and for libiarian, $500 per annum. 



APPROPRIATIONS. 61" 



To the third district, for stationery, fuel, lights, postage, expressage, 
repairs, furniture and other expenses deemed necessary by the court, 
the sum of $1,000 per annum, the sums to be paid on bills of par- 
ticulars certified by the clerk of the court for which the expense was 
incurred. 

To the fourth district, the sum of $1,750 per annum for stationery, 
fuel, lights, postage, expressage, repairs, furniture and other expenses 
deemed necessary by the court; for books, $500 per annum, and for 
librarian, $500 per annum. Also the sum of $720 each per annum 
to the second, third and fourth districts, for the pay of janitors to 
perform such duties as shall be determined by the judges and clerks- 
of the respective courts, to be paid on the order of at least two of 
the judges in each district; for one stenographer for each of the said 
appellate courts, including the branch appellate court of the first 
district, $720 per annum; such stenographers to be appointed by. 
and their duties to be prescribed by. the judges of the several appel- 
late courts respectively; such salaries to be paid monthly, the same 
being certified to b}^ at least two of the judges of such courts re- 
spectively. 

Thirty-second — For the salary of the curator of the Illinois State 
Museum of Natural History, the sum of $2,500 per annum; for the 
salar} r of assistant curator, the sum of $1,000 per annum: for the 
salary of a janitor, the sum of $720 per annum, all pa}^able monthly, 
•as provided by law. For the contingent and necessary expenses of 
the museum and scientific library and for traveling expenses in- 
curred on business connected with this office, the sum of $500 per 
annum, payable on bills of particulars duly certified to by the cur- 
ator and approved by the Governor. Reports on investigations shall 
be prepared by or under the direction of the curator, and be pre- 
sented to the board of trustees of the museum for approval. The 
board shall order such reports printed, and the expense shall be 
paid out of the general fund appropriated for the public printing. 

Thirty-third — To the Railroad and Warehouse Commissioners, for 
the incidental expenses of their office, including care, stationery, 
X^ostage, telegraphing, extra clerk hire, for the secretary's salary, and 
for all necessary expenditures, except those hereinafter provided for, 
a sum not to exceed $4,000 per annum. For any expense incurred 
in suits or investigations commenced by authority of the State, under 
any law now in force, or hereafter enacted, empowering or entrust- 
ing the board of commissioners, including the fees of experts em- 
ployed and clerical help, the sum of $-1,000 per annum, or such part 
thereof as may be needed for such purposes. For printing, mailing, 
expressing and publication of schedules of reasonable maximum 
rates of charges for the transportation of passengers and freights 
and cars, made or revised for any or all of the railroads of the State- 
as provided by law, the sum of $1,000, or so much thereof as may be 
needed for such purposes. For the printing and publication of 
railroad maps of Illinois, to be bound with annual reports, the sum 
of $1,600 per annum. For the salary of civil engineer, when sn em- 
ployed by the commission in their discretion, the sum of $2,500 per 



'62 APPROPRIATIONS. 



annum, which said civil engineer, when so employed, shall do such 
engineering work and make such inspections and reports as the said 
commissioners may direct, for which he shall receive compensation, 
to be fixed by the commission, not exceeding said sum of $2,500 per 
annum, to be paid on bills of particulars certified to by the Railroad 
►and Warehouse Commissioners and approved by the Governor. 

Thirty-fourth — To the Commissioners of Labor Statistics, for the 
purpose of procuring, tabulating and publishing statistics of labor 
as contemplated by law, for clerical services, the employment of 
canvassers, and the incidental expenses of the board, and for de- 
fraying the per diem and traveling expenses of the commissioners, 
the sum of $10,000 per annum, or so much thereof as may be nec- 
essary, and the sum of $2,500 per annum for the salary of the sec- 
retary of the board. 

To the State Board of Examiners for Mine Inspectors, Mine Mana- 
gers, Hoisting Engineers and Fire Bosses, for the per diem and ex- 
penses of the board in conducting examinations as to the qualifica- 
tions of those holding or desiring positions as mine managers, hoist- 
ting engineers, fire bosses, and those desiring appointments as State 
inspectors of mines, the sum of $7,000 per annum, or so much thereof 
as may be necessary, payable upon proper vouchers approved by 
the Governor. 

The following sums be, and are hereby, appropriated for the main- 
tenance of the Illinois Free Employment Offices in the city of Chicago, 
to-wit: The sum of $2,900 per annum for the payment of the salaries 
provided for by law for each of said offices, and the further sum of 
$1,700 per annum, or so much thereof as may be necessary, for de- 
fraying the expenses of equipment and operation of each of said 
offices. 

Thirty-fifth — To the boardof Live Stock Commissioners the follow- 
lowing sums are hereby appropriated: For salary of secretary. 
$1,800 per annum; to pa}' the expenses of the commissioners. $3,000 
per annum; for assistant secretary, who shall be a stenographer and 
typewriter, the sum of $1,200 per annum; for salary of five agents 
at the Union Stock Yards, Chicago, one agent at the National Stock 
Yards, East St. Louis, and one at Peoria, $9,000 per annum; for 
janitor and messenger of office, $720 per annum; for salary of assist- 
ant veterinarian at Union Stock Yards, Chicago. $1,800 per annum; 
for salary and expenses of State veterinarian, $3,500 per annum; for 
telegraphing, postage, express and other incidental expeuses of the 
office, $1,200 per annum; also for paying damages for animals 
diseased or exposed to contagion, slaughtered; for per diem and 
traveling expenses of assistant State veterinarians and agents, and 
expenses of the board or its officers incurred in making examinations 
of the same, or in making examinations of any animals supposed to 
be diseased; for property necessarily destroyed, and for expenses of 
disinfection of premises, when such disinfection is practicable under 
the provisions of any law of this State for the suppression and pre- 
vention of the spread of contagious and infectious diseases among 
domestic animals, the sum of $20,000, or so much thereof as may be 



APPROPRIATIONS. 60 



necessary; and any sums of money that may be received by the 
Board of Live Stock Commissioners as the net proceeds of sale of the 
healthy carcasses of slaughtered animals under the provisions of 
this law shall be paid by them into the State treasury; also for pay- 
ing expenses of conducting tuberculin tests among dairy and breed- 
ing cattle, and for paying damages for cattle destroyed that respond 
to the tuberculin test and are diseased with tuberculosis. $5,000 per 
annual, or so much thereof as may be necessary, the valuation in 
such cases to be determined by the board in accordance with the 
provisions of law, and the amount of damages to be paid in each 
case to be based upon the value of each animal as disclosed and de- 
termined by a rjost-mortem examination. 

Thirty-sixth — The sum of $7,500 per annum, or so much of it as 
may be necessary, to the Fish Commissioners of the State, to be used 
by them in pursuance of law; the sum of $5,000 per annum, or so 
much thereof as may be necessary, for the personal and traveling 
expenses of the Fish Commissioners, and for the service and expenses 
of such persons as may be employed by them, including fish ward- 
ens, while performing such services for which no fees are allowed in 
enforcing the laws relative to fishways over dams, and for the pro- 
tection of fish; also the sum of $5,000, or so much thereof as may be 
necessary, to purchase and equip a steamboat for pursuing this work; 
and $2,500 per annum, or so much thereof as may be necessar} 7 , for 
the maintenance and operation of said boat. Ail expenditures to be 
upon bills of particulars certified to by a majority of the commis- 
sioners and approved by the Governor. 

Thirty-seventh — To the State Board of Health, for salary of sec- 
retary, the sum of $3,000 per annum; for necessary office expenses, 
including expenses incurred in attending meetings of the board for 
making sanitary investigations, and for the purpose of investigating 
the cause and preventing the spread of such contagious and infec- 
tious diseases as tuberculosis, typhoid fever, diphtheria, scarlet fever, 
influenza and malarial fevers, the sum of $2,000 per annum; for 
chief clerk. $1,^00 per annum; for clerks. $1,150 per annum; for 
stenographer and typewriter, $1,000 per annum, and for incidental 
expenses, the sum of $300 per annum. 

Also the sum of $10,000, to be used only with the consent and con- 
currence of the Governor, on the recommendation and advice of the 
board, in case of the outbreak or threatened outbreak of any epi- 
demic or malignant diseases, such as smallpox, yellow fever, Asiatic 
fever, typhus fever, to defray the expenses of preventing the intro- 
duction of such diseases or their spread from place to place witbin 
the State; to suppress outbreaks which may occur, and to investi- 
gate methods of their prevention; also special investigations when 
required by the sanitary necessity of the State. This fund may be 
used also for the protection of human lives in times of disease and 
disaster beyond the relief of individual or organized charity. 

Thirty-eight — To the Lieutenant-Governor, for postage, telegraph- 
ing, stationery and other incidental expenses, the sum of $50 per 
annum, payable upon his order. 



64 APPROPRIATIONS. 



Thirty-ninth — The sum of $1,000, or so much thereof as may be- 
necessary, to pay the expenses of the committees of the Forty-second 
General Assembly, such expenses to be certified as may be provided 
by resolution of either house. 

Fortieth — To the Insurance Superintendent, for actuary $3,000 per 
annum; for chief clerk, $2,000 per annum: for messenger, $720 per 
annum; for janitor, $720 per annum; and for other necessary clerk 
hire in his office the sum of $11,0(30 per annum; for postage, express 
charges, telegraphing and other incidental expenses, the sum of 
$5,000 per annum; for expense in attending the annual convention 
of insurance commissioners, the sum of $125 per annum; for ex- 
pense of examinations and investigations which can not be collected 
from the companies or associations examined, $1,000 per annum, or 
so much thereof as may be necessary; for all examinations and in- 
vestigations, such amount for expenses incurred and services of 
assistants employed as shall be collected from the companies and 
associations examined; for expenses in the prosecution of violations 
of the insurance laws, the sum of $6,000 per annum, and for legal 
services the sum of $4,0U0 per annum; for printing and distributing 
the reports of the farmers' mutual insurance companies, the sum of 
$500 per annum, or so much thereof as may be necessary. 

All salaries or clerk hire to be payable upon monthly pay-rolls 
duly certified by the Insurance Superintendent, and other items to 
be payable on bills of particulars certified to by the Insurance Super- 
intendent with the approval of the Governor. 

For making valuations of reserves of life insurance companies the 
Insurance Superintendent, with the approval of the Governor, is 
hereby authorized to use the sums collected for such purposes in the 
payment of the costs thereof, and include the same in his annual re- 
port to the Governor. 

Forty- first — To the Trustees of the Lincoln Homestead, for the sal- 
ary of a custodian, the sum of $1,000 per annum, and for repairs and 
improvements, the sum of $1,300 per annum, to be expended by said 
trustees as provided in the act of 1887 creating said trust. The Trus- 
tees of Lincoln Monument, for salary of custodian, the sum of $1,000 
per annum; for fuel, $100. 

Forty-second — To the Illinois State Historical Library, for the 
continuation, care and maintenance thereof, the sum of $3,100 per 
annum, of which the sum of $1,000 per annum shall be paid as a 
salary to the librarian and $600 per annum for the publication of 
books and pamphlets relative to the early history of the State of 
Illinois, to be expended under the provisions and in the manner 
specified in the act of 1881) establishing said library. 

Forty-third — To the State Factorv Inspectors, for the salary of the 
State Factory Inspector, the sum of $1,500 per annum; for the salary 
of the assistant State factory inspector, the sum of $1,000 per annum; 
for the salary of ten deputy factory inspectors, the sum of $750 each 



APPROPRIATIONS. 



per annum; for traveling and other legitimate expenses incurred by 
the inspectors in the performance of their duties, the sum of $7,500 
joer annum. 

Forty-fourth — To the Supreme Court Reporter, for the expenses- 
of printing in advance the opinions of the Supreme Court and of dis- 
tributing printed proofs thereof to the several members of the court, 
together with the expense of transmitting such proofs and the origi- 
nal opinions by mail and express, and to make printer's corrections 
in said proofs after final adoption, the sum of $750 per annum, pay- 
able upon bills of particulars certified to by at least two judges of 
said court. To the Supreme Court Reporter, for custodian and mes- 
senger, the sum of $720 per annum. pa} T able upon bills of particulars 
duly certified by him and approved by the Governor. 

Forty-fifth — To the State Board of Arbitration, for salary of the 
secretary, $1,200 per annum; for the traveling expenses of the mem- 
bers and secretary, and for postage, stationery, telegraphing, express- 
age, and all other necessary expenses, the sum of $2,500 per annum, 
or so much thereof as may be necessary, payable upon bills of partic- 
ulars duly certified to by the members of said board and approved 
by the Governor. 

Forty-sixth— For salary of members of the Board of Pardons,. 
$6,000 per annum; for salary of secretary, $2,000 per annum; for 
stenographer, $750 per annum; and for expenses of the office, $1,500' 
per annum, all to be paid on bills of particulars certified to by the 
members of the board and approved by the Governor. 

Forty-seventh — To the State Entomologist, for field, office, inci- 
dental and library expenses, the sum of fifteen hundred dollars 
($1,500) per annum; for the pay of assistants, the sum of two thous- 
and dollars ($2,000) per annum; for the illustration of bulletins and 
reports, the sum of five hundred dollars ($500) per annum. 

To the State agricultural experiment station, for the publication 
of the bulletins prepared by the State Entomologist, the sum of 
seven hundred and fifty dollars ($750) per annum: Provided, that 
one thousand copies of each of said bulletins shall be furnished to 
the State Entomologist in condition for binding and distribution as 
his biennial report. 

To the State laboratory of natural history, for the expenses of 
the natural history survey, including the maintenance of the Illinois 
biological station, the sum of eight thousand dollars ($8,000) per 
annum; for the supply of natural history specimens to the State 
educational institutions and to the public schools, the sum of five 
hundred dollars ($500) per annum; for the publication of bulletins 
and reports, the sum of one thousand dollars ($1,000). To the 
University of Illinois for the payment of interest on the endowment 
funds of said university as provided by section 2 of the act relating 
to said university, approved June li. 1897. for the years 1899 and 
1900, and for arrears of interest accruing in the year ending June 11. 
1897, the sum of fifty thousand dollars ($50,000) . 



66 APPROPRIATIONS. 



Forty- eighth — The Auditor of Public Accounts is hereby author- 
ized and directed to draw warrants on the State Treasurer for the 
sums herein specified upon the presentation of proper vouchers; all 
sums herein appropriated for the pay of the clerks, secretaries, por- 
ters, messengers, janitors, watchmen, policemen, laborers, engineers, 
firemen, stenographers, curators and librarians, shall, when not other- 
wise provided by law, be paid upon monthly pay-rolls duly certified 
to, respectively, by heads of departments, bureaus or boards of com- 
missioners and trustees requiring the services of such employes; 
and the State Treasurer shall pay the same out of the proper funds 
in the treasury not otherwise appropriated. Said warrants shall be 
drawn in favor of and payable to the order of the persons entitled 
thereto. 

Approved April 19, 1S99. 



STATE GOVERNMENT, OFFICERS AND MEMBERS OF THE FORTY-SECOND 

GENERAL ASSEMBLY. 

I 1. Appropriates 81,000,000 to pay the officers of the State Government and the next General 

Assembly. 

An Act making appropriation for the payment of the officers and 
members of the next General Assembly, and for the salaries of the 
officers of the State Government. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there be, and is hereby, 
appropriated the sum of $1,000,000. or such sum as may be necessary, 
to pay the officers and members of the next General Assembly, and 
the salaries of the officers of the State Government, at such rates of 
compensation as are now or hereafter may be fixed by law until the 
expiration of the first fiscal quarter after the adjournment of the next 
regular session of the next General Assembly. 

Approved March 30. 1899. 



STATE HORTICULTURAL SOCIETY. 

'i 1. Appropria'es to State Horticultural Society $4,000.00 per annum, provides for Secre- 
tary's' salary and expenditure for field experiments. 

An Act making an appropriation in aid of the Illinois State Hor- 
ticultural Society. 

Section 1. Be it enacted by the Peoj)le of the State of Illinois, 
represented in the Genercd Assembly : That there be, and is hereby, 
appropriated for the use of the Illinois State Horticultural Society 
the sum of four thousand dollars ($4:,000) per annum, for the purpose 
of advancing the growth and development of the horticultural inter- 
ests of the State for the years 1899 and 1900. said sum to be expended 
by said society for the purpose and in the manner specified in "An 
act to reorganize the Illinois State Horticultural Society." approved 



APPROPRIATIONS. 67 



Marc.li 24, 1874: Provided, however, that no portion thereof shall be 
paid for, or on account of, any salary or emoluments of any officer of 
said society, except the secretary, who may receive not to exceed four 
hundred dollars ($400) per annum : And, provided further, that at 
least one thousand dollars ($1,000) of said sum be expended each 
year by said board in field experiments. 

Approved April 10, 1899. 



STATE POULTRY ASSOCIATION. 

; 1. Illinois State Poultry, Pigeon and Pet [ \ 3. Annual exhibition 
Stock Association. 



-. 2. Officers, bonds, secretary's salary. 



5 4. Appropriates 81,000 per annum for use 
of the association. How drawn. 



An Act to define certain duties of the Illinois State Poultry Asso- 
ciation and to make an appropriation therefor. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That the regularly organized 
and incorporated society known as the Illinois State Poultry. Pigeon 
.and Pet Stock Association, whose articles of incorporation are re- 
corded in the office of the Secretary of State, the same being legal- 
ized by act of the Fortieth General Assembly. 

§ 2. The officers of this incorporation shall consist of a president, 
vice-president, secretary, treasurer and executive committee consist- 
ing of five responsible men. Secretary to give bond for two thous- 
and five hundred dollars, treasurer to give bond for five thousand 
dollars, to be approved by the president and executive committee. 
The officers shall be elected annually, at the regular meeting in Jan- 
uary, by a majority of the members of said association. Secretary 
to receive a salary of twenty-five dollars ($25.00) for the years of 
1899 and 1900. 

§ 8. The Illinois State Poultry, Pigeon and Pet Stock Associa- 
tion shall hold an annual exhibition during the month of January 
at such place in the State as the officers may select, the object of 
which shall be for the advancement along poultry lines, such as ex- 
hibition of poultry, gathering statistics and diffusing practical 
knowledge on subjects pertaining to the poultry interests of the 
State, by addresses, papers, discussions and such other means as the 
officers may direct. 

§ 4. The sum of one thousand dollars per annum for the years 
1899 and 1900 is hereby appropriated out of any money in the State 
.treasury not otherwise appropriated for the use and benefit of said 
association, and the State Auditor is hereby authorized to draw his 
warrant for the same and deliver to the treasurer of the Illinois 
State Poulty, Pigeon and Pet Stock Associatiation, upon his present- 
ing proper receipt therefor, certified to by the president and secretary 
of said association, under seal of such corporation; said amount to 
the used for the purpose of paying premiums and defraying the ex- 



86 APPROPRIATIONS. 



penses incurred in holding the annual exhibition, such as getting 
out premium lists, and for such other purposes as in the judgment of 
the officers shall best subserve the poultry interests of the State of 
Illinois. 



Approved April 6. 1899. 



STATE REFOR3IATORY. 
i 1, Enacting clause. §3. How drawn. 

§ 2. Appropriates for ordinary expenses, 
discharge, parole and return of 
prisoners, school books, seats, tables, 
desks, maps, etc., $282,600. 

For one boiler with furnace; cost of 
setting and connections, 84,500. 

An Act making appropriations for the Illinois State Reformatory,, 
at Pontiac, for the two years beginning July 1, 18-99, and ending' 
July 1, 1901. 

Section 1. Be it enacted by the People of the State of Illinois , 
represented in the General Assembly : That the following sums be, 
and the same are hereby, appropriated for the purposes hereinafter 
named, payable according to law: 

§ 2. For ordinary expenses of said reformatory, $235,000 per an- 
num. 

For discharge, parole and return of prisoners. $25,000 per annum. 
For school books for use of inmates, $1,000 per annum. 
For school seats, tables, desks, marjs and charts, $1,000 per annum. 
For cows, teams, wagons and farm implements, $1,000 per annum. 

For equipment and maintenance of trade schools. $5,000 per an- 
num. 

For material to be used in trades instruction, $5,000 per annum. 

For addition to library, $1,000 per annum. 

For electric light, telephone, telegraph and fire alarm system,. 
$1,500 per annum. 

For repairs and improvements, $5,000 per annum. 

For beds, bedding and furniture, $1,500 per annum. 

For lectures, concerts, amusements, etc., $600 per annum. 

For one improved boiler, to be of not less than two hundred horse 
power, with improved furnace, cost of setting and connections, $-1,500. 

§ 3. The Auditor of Public Accounts is hereby authorized to 
draw his warrants on the State Treasurer for the moneys hereinbe- 
fore appropriated upon the order of the board of managers of said 
reformatory, signed by the president and attested by the secretary,, 
with the seal of said reformatory attached, and approved by the Gov- 
ernor. 

Approved April 22, 1899. 



APPROPRIATIONS. 



69 



UNIVERSITY OF ILLINOIS. 



FOR GENERAL PURPOSES. 



§ 1. Appropriates 8330,400 to the University 
of Illinois for the following purposes : 

For taxes for 1898-99 on Minnesota 
land, §2,000 per annum. 

(For salaries, care of buildings and 
grounds and ordinary expenses. 
$125,000 per annum. 

■For materials for shop practice, 
§2,000 per annum. 

For increase of scientific cabinets 
and collections, 81,000 per annum. 

For fire protection, §1,000 per an- 
num . 

For pavements and walks, §3.000 per 
annum. 

For vaccine laboratory, §1,200 per 
annum. 

For engineering equipment, §10,000 
per annum. 



For painting and repairs to build- 
ings and improvements to 
grounds, §3,000 per annum. 

For State water analysis, §3,000 per 
annum. 

For draining, fencing, etc., on expe- 
rimental farms, §2,000 per annum. 

I 2. Appropriates §164,000 for additions to 
plant, as follows: 

For buildings, etc., for the college of 
agriculture, 875,000 per annum. 

For construction of water plant, 
810,000. 

For furnishing electrical building, 
81,000. 

For wiring, electrical fixtures and 
connection with University plant, 
83.000. 

\ 3. How drawn. 



An Act making appropriations for the University of Illinois. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That there be, and is hereby, 
appropriated to the University of Illinois for the payment of taxes 
accruing in the years 1S98 and 1^99 on lands owned by the State in 
the State of Minnesota and held for the use of said university, the 
sum of two thousand (2,000) dollars per annum. 

For the payment of salaries, for the care of buildings and grounds, 
and for ordinary operating expenses, the sum of one hundred and 
thirty-five thousand dollars per annum. 

For materials for shop practice, two thousand (2,000) dollars per 
annum. 

For increase of scientific cabinets and collections, one thousand 
(1,000) dollars per annum. 

For fire protection, one thousand (1,000) dollars per annum. 

For laying pavements and walks, three thousand (3,000) dollars 
per annum. 

For the maintenance of the vaccine laboratory, twelve hundred 
(1,200) dollars per annum. 

For maintenance and extension of the engineering equipment, ten 
thousand (10,000) dollars per annum. 

For painting and repairs to buildings and improvements to grounds, 
five thousand (5,000) dollars per annum. 

For carrying on State water analysis, three thousand (3,000) dol- 
lars per annum. 



70 APPROPRIATIONS. 



For draining, fencing, etc., on the experimental farms, and for 
maintenance of barns, two thousand (2,000) dollars per annum. 

§ 2. That there be, and is hereby, appropriated to said University 
of Illinois the following sums for additions to the plant: 

For buildings and appurtenances for the college of agriculture, in 
order that the agricultural, horticultural, dairy and other departments- 
of that college may be properly organized, seventy-five thousand 
(75,000) dollars per annum for the years ending July 1, 1900 and 
1901. 

For constructing a water plant, ten thousand (10.000) dollars. 

For furnishing the electrical building, one thousand (1,000) 
dollars. 

For wiring university hall and natural history hall, and for pro- 
viding electrical fixtures so that those buildings may be lighted from 
the university lighting plant, three thousand (3,000) dollars. 

§ 3. That the Auditor of Public Accounts is hereby authorized 
and directed to draw his warrant on the Treasurer for the sums hereby 
appropriated, payable out of any money in the treasury not otherwise 
appropriated, upon the order of the board of trustees of said uni- 
versity, attested by its secretary and with the corporate seal of the 
university. 

Provided, That no part of said sum shall be due and payable to 
said university until satisfactory vouchers in detail, approved by the 
Governor, shall be filed with the Auditor for all previous expendi- 
tures incurred by the university on account of the appropriation 
hitherto made: 

And, provided further, That vouchers shall be taken in duplicate, 
and original or duplicate vouchers shall be forwarded to the Auditor 
of Public Accounts for the expenditure of the sums appropriated in. 
this act. 

Approved April 22. 1S99. 



[The following- eight (8) items appeared in the bill as passed by the General Assembly 
and were vetoed by the Governor, viz : 

For additions to apparatus and appliances, S3, 000 per annum % 6, 000 00 

For additions to library, 810,000 per annum 20,000 00 

For apparatus at astronomical observatory, S3, 000 per annum 6, 000 00 

For restoring to the operating' fund the amount used therefrom in emergency to 
repair damages caused to the natural history building by lightning and fire in 

June, 1897, the sum of 4, 166 6L 

For a building for the special use of women students, to be known as the "wo- 
man's building," $20, 000 per annum 40, 003 00 

S5, 000 per annum for the years ending 1 July 1, 1900 and 1901, for the equipment 

and maintenance of a department of domestic science 10, 000 00 

For the purchase of several small parcels of land, surrounded by lands of the 
university, and needed to make the holdings of the State complete within the 

general boundary of university grounds 10,000 00 

For constructing- a swimming- tank, in connection with men's gymnasium 3,000 00 

S99, 166 61 

James A. Rose. 

Secretary of State.l 



APPROPRIATIONS. 



71 



UNIVERSITY OF ILLINOIS. 



MONEY (IEAXTED BY ACT OF CONGRESS. 



Appropriates to the University of Illi- 
nois such sums of money as are due 
by the act of Congress of 1862. 

How dravcn. 



3. "Land Grant Act" and "Second Morill 
Bill"— disposition of revenues de- 
rived from. 



An Act appropriating to the University of Illinois the money 
granted in an act of Congress approved August 30, 1890, entitled 
"An act to apply a portion of the proceeds of the public lands to 
the more perfect endowment and support of the colleges for the 
benefit of agriculture and the mechanic arts, established under the 
provisions of an act of Congress approved July 2, 1862, and to 
provide for the distribution of said fund." 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That the sum or sums of 
money which may have accrued, or may hereafter, before the first 
day of July, 1901. accrue, to the State of Illinois under the provisions 
of an act of the Congress of the United States, approved August 30, 
1890, entitled. "An act to apply a portion of the proceeds of public 
lands to the more perfect endowment and support of the colleges for 
the benefit of agriculture and the mechanic arts, established under 
the provisions of an act of Congress approved July 2. 1862." are 
hereby appropriated to the University of Illinois, and whenever any 
portion of the said money shall be received by the State Treasurer it 
shall immediately be due and payable into the treasury of said 
university. 

§ 2. The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant on the Treasurer for the sums hereby 
appropriated upon the order of the chairman of the board of trustees 
of said university, countersigned by its secretary and with the cor- 
porate seal of the said university. 

§ '6. Not less than one-half (Jr) of the revenues from the so-called 
"Land Grant Act/' entitled, "An act donating public lands to the 
several states and territories which may provide colleges for the 
benefit of agriculture and the mechanic arts," approved July, 2, 1862; 
and not less than one-half (-J-) of the proceeds of the so-called "Sec- 
ond Morill Bill." entitled, "An act to apply a portion of the proceeds 
of the public lands to the more complete endowment and support of 
the colleges for the benefit of agriculture and the mechanic arts 
established under the provisions of an act of Congress," approved 
July 2, 1862, and which was approved August 80, 1890, shall be ap- 
plied by the trustees of the University of Illinois solely to instruction 
in the State agricultural college in the principles and practices con- 
nected with the cultivation of crops, the character and treatment of 
soils, the breeding, feeding and management of domestic animals, 
and the diseases to which they are subject, the operations of dairying 
and the subjects of fruit growing, gardening, landscape gardening 
and forestry, and to the facilities for such instruction. 

Approved April 22, 1899. 



72 



APPROPRIATIONS. 



WESTERN ILLINOIS STATE NORMAL SCHOOL. 



§ 1. 



Creates Western Illinois State Normal 
School. 



I 2. Object. 

§ 3. Corporate powers vested in five trus- 
tees, 

§ 4. Governor to appoint trustees— term of 
office — vacancies. 

\ 5. First meeting 1 — president, secretary 
and treasurer. 

£•6. Duties of treasurer. 

§ 7. Interest in contract prohibited to trus- 
tees, officer, agent or employes. 

3 8. Annual settlement of accounts with 
Auditor of Public Accounts, 

'i 9. Board to meet quarterly. 

3 10. Location of site. 



I 11. Contracts for and erection of build- 
ings—how constructed— appointment 
of superintendent of construction. 

I 12. Appointment of instructors and offi- 
cers — text books, apparatus, etc. 

§ 13. Each county entitled to gratuitous in- 
struction for one pupil; how chosen. 

I 14. Appropriates S75.0C0 for erection of 
building, furniture, improving land 
and first year's instruction. 

How drawn. 

\ 15. Expenses of building, improving, etc ; 
fuel, furniture and apparatus, sala- 
ries, etc., to be a charge upon State 
Treasury; all other expenses charge- 
able against pupils. 

'i 16, Trustees to receive only traveling and 
personal expenses— how drawn. 



An Act to establish and maintain the Western Illinois State Nor- 
mal School. 

Section 1. Be it enacted by the People of the Stale of Illinois, 
represented in the General Assembly: That a body politic and 
corporate is hereby created, by the name of the Western Illinois 
State Normal School, to have perpetual succession, with power to 
contract and be contracted with, to sue and be sued, to plead and be 
impleaded, to receive by any legal mode or transfer or conveyance, 
property of any description, and to have and hold and enjoy the 
same; also, to make and use a corporate seal, with power to break or 
change the same; to adopt by-laws, rules and regulations for the 
government of its members, official agents and employes: Provided, 
such by-laws shall not conflict with the constitution of the United 
States or of this State. 

§ 2. The object of the said Western Illinois State Normal School 
shall be to qualify teachers for the common schools of this State by 
imparting instruction in the art of teaching in all branches of study 
which pertain to a common school education, and such other studies 
as the board of trustees may from time to time prescribe. 

§ 3. The powers of the said corporation shall be vested in, and 
its duties performed by, a board of trustees not exceeding five in 
number, to be appointed as hereinafter provided. 

§ 4. Upon the passage of this act the Governor shall nominate, 
and by and with the advice of the Senate appoint, five citizens of the 
State as trustees of said institution, two of whom shall serve for two 
years, and three for four years, and until their successors are ap- 
pointed and enter on duty; and successors in each class shall be 
appointed in like manner for four years: Provided, however, that 
in case of a vacancy by death or otherwise, the Governor shall ap- 
point a successor for the remainder of the term vacated: And, pro- 



APPROPRIATIONS. 73 



vided further, that no two members of said board of trustees shall 
be residents of any one county. The superintendent of public in- 
struction shall be a trustee of said school, ex-officio. 

§ 5. The board of trustees shall hold their first meeting at 

. within one month from the time this act goes into effect, at 



which meeting they shall elect one of their body president, another 
secretary, and cause a regular record to be made and kept of all their 
proceedings. The board of trustees shall also appoint a treasurer, 
not a member of said board, who shall give bonds to the people of 
the State of Illinois in double the amount of the largest sum likely 
to come into his hands, the penalty to be fixed by the board of trus- 
tees, conditioned for the faithful discharge of his duties as treasurer, 
with two or more persons as securities. 

§ 6. The treasurer shall keep an accurate account of all moneys 
received and paid out: the account for articles and supplies of every 
kind purchased shall be kept and reported, so as to show the kind, 
quantity and cost thereof. 

§ 7. No member, officer or agent of the board of trustees shall be 
a party to or interested in any contract for materials and supplies. 

§ 8. Accounts of this institution shall be stated and settled an- 
nually with the Auditor of Public Accounts. The board of trustees 
shall, ten days previous to each regular session of the General As- 
sembly, submit to the Governor a report of all their actions and pro- 
ceedings in the execution of their trust, with a statement of all 
accounts connected therewith, to be by the Governor laid before the 
General Assembly. 

§ 9. The board of trustees shall meet quarterly at such place or 
places as may be agreed on. and. until the building is completed, 
as much oftener as may be necessary, but thereafter the meetings 
shall be at the school. 

§ 10. The board of trustees shall, as soon as practicable after 
their appointment, arrange to receive from the localities desiring to 
secure the location of said school, proposals for donation of a suitable 
site and other valuable considerations, and shall locate the same in 
the place offering the most advantageous conditions, all things con- 
sidered, as nearly central as possible in that portion of the State 
lying west of the fourth principal meridian, in what is known as the 
"military tract," with a view of obtaining a good water supply and 
other conveniences for the use of said institution. 

§ 11. Upon the selection and securing of the land aforesaid the 
board of trustees shall proceed to secure plans and to contract for 
the erection of a building in which to furnish educational facilities 
for such number of students as hereinafter provided for; also for the 
improvement of the land so as to make it available for the use of the 
institution. The building shall be constructed upon the most ap- 
proved plans for use, and shall be of sufficient capacity to accommo- 
date not fewer than five hundred students, with the officers and 
necessary attendants. The outside walls to be of stone or brick, par- 



74 APPROPRIATIONS. 



tition walls of brick, and the entire building made fire-resisting and 
so constructed as to be warmed in the most healthful and economical 
manner, with ample ventilation in all its parts. Said plans shall be 
accompanied by specifications and an itemized statement of the 
amount required for the erection and completion of the building in 
accordance therewith; but no plans or specifications shall be adopted 
by the board of trustees until the same shall have been submitted to 
and approved by the Governor. 

The board of trustees shall appoint a competent and trustworthy 
superintendent of the building and improvements aforesaid, whose 
duty it shall be to be present during the progress of the work and to 
see that every brick, stone and piece of timber used is sound and 
properly placed, and whose right it shall be to require contractors- 
and their employes to conform to his directions in executing their 
contracts: Provided, however, that said board of trustees shall not 
appoint any one of its number such superintendent: And, provided 
further, that the building aforesaid may be erected and the improve- 
ments made under the direction of the board of trustees and superin- 
tendent without letting the same to contractors. 

§ 12. The board of trustees shall appoint instructors and such 
officers as may be required in said school, fix their respective salaries, 
prescribe their several duties, and shall have power to remove any of 
them for proper cause. 

It shall prescribe the text books, apparatus and furniture to be 
used in said school, and provide the same, and shall make all rules 
and regulations necessary for its management. 

§ 13. Each county in the State shall be entitled to gratuitous in- 
struction for one pupil in said school, to be chosen in the following 
manner: The superintendent of schools in each county shall re- 
ceive and register the names of all applicants for admission to said 
school, and shall examine said applicants at such time and in such 
manner as the board of trustees may direct, and the applicant found 
to possess the highest qualifications shall be accepted as the pupil to 
which said county is entitled. The board of trustees shall have the 
power, if such pupil does not sign and file with the secretary of the 
board of trustees a declaration that he or she will teach in the public 
schools within this State not fewer than three years, in case that en- 
gagements can be secured by reasonable efforts, to require said pupil 
to "provide for the payment of such fees for tuition as the board of 
trustees may prescribe. 

§ 14. To enable the board of trustees to erect said building, to 
supply the necessary furniture for the same, to improve said land, 
and for the first year's instruction, the sum of seventy-five thousand 
dollars is hereby appropriated out of the State treasury, payable on 
the orders of said board of trustees as required for use, in sums not 
to exceed ten thousand dollars per month, the first payment to be 
made on the first day of July. l'JOO. and subsequent payments shall 



ARBITRATION. 7& 



be accompanied by an account, sustained by vouchers, showing to the- 
satisfaction of the Auditor, and with, the approval of the Governor, 
the expenditure of the previous payment. 

§ 15. The expense of the building, improving, repairing and sup- 
plying fuel and furniture, the necessary apparatus for conducting 
said school, the salaries or compensation of the trustees, superintend- 
ents, assistants, agents and employes shall be a charge upon the 
State treasury; all other expenses shall be chargeable against the 
pupils of said school, and the board of trustees shall regulate the 
charges accordingly. 

§ 16. The trustees of said school shall receive only their personal 
and traveling expenses, and the Auditor is hereby authorized to is- 
sue warrants quarterly, upon presentation of itemized statements of 
such accounts by said trustees, verified by affidavits, as to their actual, 
personal and traveling expenses. 

Approved April 24. 1899. 



ARBITRATION. 



STATE BOARD. 



Amends section 3, act 1895, creating 
State Board of Arbitration. 

I 3. Application for hearing— notice to 
parties interested — witnesses com- 
pelled to attend. 

Inserts after section 5 sections 5a, 5b. 

? 5a. Proceedings in case of failure to 
abide by decision of board— penalty. 



I 5b. Duties of Board of Arbitration • 
when application is made by two or 
more employers or their employes, 

. Inserts after section 6 section 6a. 

I 6a. Board to be notified in case of 
strike or lockout, actual or threat- 
ened. 
. Emergency. 



An Act to amend Section 3 of "An act to create a State Board of 
Arbitration for the investigation or settlement of differences be- 
tween employers and employes, and to define the powers and du- 
ties of said board,' 1 approved August 2, 1895, and to insert in 
said act three new sections to be known as Section 5a, Section 5b 
and Section 6a. 

Section 1. Be it enacted by the People of the State of Illinois* 
represented in the General Assembly : That section 3 of "An act to 
create a State board of arbitration for the investigation or settlement 
of differences between employers and their employes, and to define 
the powers and duties of said board,"' approved August 2, 1895, be 
amended so as to read as follows: 

"_§ 3. Said application shall be signed by said employer or by a. 
majority of his employes in the department of the business in which 
the controversy or difference exists, or by both parties, and shall con- 
tain a concise statement of the grievances complained of, and a promise 
to continue on in business or at work without any lockout or strike- 



76 ARBITRATION. 



until the decision of said board, if it shall be made within three 
weeks of the date of riling said application. As soon as may be after 
the receipt of said application the secretary of said board shall cause 
public notice to be given of the time and place of the hearing thereon; 
but public notice need not be given when both parties to the contro- 
versy join in the application and present therewith a written request 
that no public notice be given. When such request is made notice 
shall be given to the parties interested in such manner as the board 
may order, and the board may, at any stage of the proceedings, cause 
public notice to be given, notwithstanding such request. The board 
in all cases shall have power to summon as witnesses any operative 
or expert in the department of business affected, and any person who 
keeps the records of wages earned in those departments, or any other 
person, and to examine them under oath, and to require the produc- 
tion of books containing the records of wages paid and such other 
books and papers as may be deemed necessary to a full and fair in- 
vestigation of the matter in controversy. The board shall have power 
to issue subpoenas, and oaths may be administered by the chairman 
of the board. If any person, having been served with a subpoena or 
other process issued by such board, shall wilfully fail or refuse to 
obey the same, or to answer such questions as may be propounded 
touching the subject matter of the inquiry or investigation, it shall 
be the duty of the circuit court or the county court of the county in 
which the hearing is being conducted, or of the judge thereof, if in 
vacation, upon application by such board, duly attested by the chair- 
man and secretary thereof, to issue an attachment for such witness 
and compel him to appear before such board and give his testimony 
or to produce such books and papers as may be lawfully required by 
said board: and the said court, or the judge thereof, shall have power 
to punish for contempt, as in other cases of refusal to obey the pro- 
cess and order of such .court. 

§ 2. That there be inserted after section 5 of said act the follow- 
ing sections: 

"§ 5a. In the event of a failure to abide by the decision of said 
board in any case in which both employer and employes shall have 
joined in the application, any person or persons aggrieved thereby 
may file with the clerk of the circuit court or the county court of 
the county in which the offending party resides, or in the case of an 
employer in the county in which the place of employment is located, 
a duly authenticated copy of such decision, accompanied by a veri- 
fied petition reciting the fact that such decision has not been complied 
with and stating by whom and in what respects it has been disregarded. 
Thereupon the circuit court or the county court (as the case may be) 
or the judge thereof, if in vacation, shall grant a rule against the 
party or parties so charged to show cause within ten days why such 
decision has not been complied with, which shall be served by the 
sheriff as other process. Upon return made to the rule, the court, or 
the judge thereof if in vacation, shall hear and determine the ques- 
tions presented, and to secure a compliance with such decision, may 



ARBITRATION. Ill 



punish the offending party or parties for contempt, but such punish- 
ment shall in no case extend to imprisonment."' 

''§ 5b. Whenever two or more employers engaged in the same gen- 
eral line of business, employing in the aggregate not less than twenty- 
tive persons, and having a common difference with their employes,, 
shall, cooperating together, make application for arbitration, or 
whenever such application shall be made by the employes of two or 
more employers engaged in the same general line of business, such 
employes being not less than twenty-five in number, and having a 
common difference with their employers, or whenever the application 
shall be made jointly by the employers and employes in such a case, 
the board shall have the same powers and proceed in the same man- 
ner as if the application had been made by one employer, or by the 
employes of one employer, or by both/' 

§ 3. That there be inserted after section 6 of said act, the follow- 
ing section: 

"§ 6a. It shall be the duty of the mayor of every city, and the 
president of every incorporated town or village, whenever a strike or 
lockout involving more than twent} T -five employes shall be threat- 
ened, or has actually occurred within or near such city, incorporated 
town or village, to immediately communicate the fact to the State 
board of arbitration, stating the name or names of the employer or 
employers and of one or more employes, with their postffice addresses, 
the nature of the controversy or difference existing, the number of 
employes involved and such other information as may be required 
by the said board. It shall be the duty of the president or chief 
executive officer of every labor organization, in case of a strike or 
lockout, actual or threatened, involving the members of the organi- 
zation of which he is an officer, to immediately communicate the 
fact of such strike or lockout to the said board with such informa- 
tion as he may possess touching the differences or controversy] and 
the number of employes involved." 

§ 2. Whereas, an emergency exists, therefore this act shall take- 
effect and be in force from and after its passage. 

Approved April 12, 1899. 



78 



ARCHITECTS. 



ARCHITECTS. 



LICENSING OF ARCHITECTS. 



11. Renewal of license— fee— secretary to 
notify county clerk of revocation. 



1 1. Amends sections 2 and 11 of the act of 

1897. 

\ 2. Examiners to file oath of office with 
Secretary of State— treasurer to file 
bond for sum fixed by Secretary of 
State— salary of secretary and board — 
special fund— how drawn. 

An Act to amend an act entitled "An act to provide for the licens- 
ing of architects and regulating the practice of architecture as 
a profession" approved June 3, 1897, in force July 1, 1897. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That an act entitled "An act 
to provide for the licensing of architects and regulating the practice 
of architecture as a profession," approved June 3, 1897, in force July 
1, 1897, be, and the same is hereby, amended by amending sections 

2 and 11 so that the same may read, when so amended, as follows: 



ORGANIZATION OF BOARD, OFFICERS, DUTIES, SALARIES. 

§ 2. The members of the State Board of Examiners of Architects 
shall, before entering upon the discharge of their duties, make and 
file with the Secretary of State the constitutional oath of office. 
They shall, as soon as organized, and annually thereafter, in the 
month of January, elect from their number a president and secre- 
tary, who shall also be the treasurer. The treasurer, before entering 
upon his duties, shall file a bond with the Secretary of State for such 
sum as shall be required of him by said Secretary of State, and in 
such form and with such sureties as may be approved by the Gov- 
ernor of the State. The board shall adopt rules and regulations not 
inconsistent with this act to govern its proceedings; and also a seal, 
and the secretary shall have the care and custody thereof; and he 
shall keep a record of all the proceedings of the board which shall 
be open at all times to public scrutiny ; and the board shall cause the 
prosecution of all persons violating any of the provisions of this act, 
and may incur necessary expenses in that behalf. 

The secretary of the board shall receive a salary which shall be 
fixed by the board and which shall not exceed the sum of fifteen 
hundred dollars ($1,500.00) per annum; he shall also receive his travel- 
ing and other expenses incurred in the performance of his official 
duties. The other members of the board shall receive the sum of 
ten dollars ($10.00) for each day actually engaged in this service. 
and all legitimate and necessary expenses incurred in attending the 
meeting of said board. Said expenses shall be paid from the fees 
received by the board under the provisions of this act, and no part 
of the salary or other expenses of the board shall be paid out of the 



ARCHITECTS. 79 



State treasury. All moneys received in excess of the said per diem 
allowance and other expenses provided for shall be held by the treas- 
urer as a special fund for meeting the expenses of said board and the 
cost of an annual report of the proceedings of the State Board of 
Examiners of Architects; and any moneys that may have been here- 
tofore paid into the State treasury to the credit of said board are 
hereby appropriated to the said board, to be held by it as a part of 
said special fund; and the Auditor of Public Accounts is hereby 
authorized to issue a warrant for their repayment on the, requisition 
of said board and the approval of the Governor in such amounts as 
may from time to time be required. 

LICENSE TO BE RENEWED ANNUALLY— FEES. 

§ 11. Every licensed architect in this State who desires to con- 
tinue the practice of his profession shall, annually, during the time 
he shall continue in such practice, pay to the secretary of the board 
during the month of July a fee of five dollars ($5.00), and the sec- 
retary shall thereupon issue to such licensed architect a certificate of 
renewal of his license for the term of one year. Any licensed archi- 
tect who shall fail to have his license renewed during the month of 
July in each and every year shall have his license revoked; and it 
shall be the duty of the secretary of the board to give notice of such 
revocation to the county clerk in each county in the State, where- 
upon the county clerks of the counties shall make an entry of such 
revocation accordingly. 

But the failure to renew said license in apt time shall not deprive 
such architect of the right to renewal thereafter; and the secretary 
of the board shall give like notice of such renewal; but the fee to be 
paid upon the renewal of license after the month of July shall be 
ten dollars ($10.00) to cover the additional expense incurred by the 
board on account of such notices. 

Approved April 19, 1899. 



SUPERVISING ARCHITECT. 



< 1. Appointment of State Architect. 
I 2. Conmnnsation— how drawn. 



I 3. Duties. 

I i. Drawings, plans, etc.— State property- 
recovery of. 

i< 5. Oath and bond. 



An Act creating the office of supervising architect of the State of 
Illinois and defining his powers and duties. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That it shall be the duty of 
the Governor, with the advice and consent of the Senate, to appoint 
a State Architect of public buildings and improvements, who shall 
hold his office for a term of four years. 



80 ARCHITECTS. 



§ 2. The compensation of such State Architect shall be five 
thousand dollars per annum, and the Auditor of Public Accounts is; 
hereby authorized and directed to issue his warrants on the treasury 
in favor of such State Architect for the amount specified in this sec- 
tion, and the State Treasurer is hereby authorized and directed to pay 
said warrants out of any money in the treasury not otherwise appro- 
priated. 

§ 3. Such State Architect is hereby authorized and empowered,, 
and it shall be his duty, to make and provide all drawings, plans, 
specifications and models for the erection of all public buildings and 
improvements of the State, including additions, alterations and re- 
pairs to buildings already erected, and including also, the construc- 
tion and perfection of all systems of sewerage, drainage, ventilation, 
steam heating, plumbing, electric lighting and works for the water 
supply pertaining thereto; and including also, the improvement of 
all grounds upon which such buildings are to be erected, all of which 
said drawings, plans, specifications and models shall be submitted to 
the Governor for his approval. Such State Architect shall have gen- 
eral supervision over the erection and construction of all public 
buildings and works of the State and also over the inspection of all 
materials previous to their incorporation into such buildings or 
works. He shall see that such public work or building, as a whole or 
in parts, is prosecuted with diligence and in a proper and workman- 
like manner; and if satisfied that such work is being slighted, in- 
ferior materials being used, or any other fraud is being practiced, by 
any contractor whereby the interests of the State may be injuriously 
affected, he shall report the same to the proper officer, commissioner 
or board, in order that such officer, commissioner or board may. in 
his or their discretion, annul all contracts with any such contractor. 
Such State Architect is hereby given the power of defining the true 
intent and meaning of all drawings, plans and specifications; and he 
shall have authority to stop the progress of the work thereunder and 
order its removal when not in accordance therewith. It shall be the 
duty of such State Architect, upon the written request of the proper 
officer, commissioner or board, to do and perform any and all things 
in this section mentioned and enumerated as herein provided. 

§ 4. All drawings, plans, specifications, models and estimates, and 
all papers incidental to the erection and construction of public build- 
ings shall be the property of the State; and should the architect be- 
removed, or from any cause cease to act. he shall deliver up to the 
proper officer, board or commissioner all plans, specifications, draw- 
ings, books, papers and effects in his possession belonging to the 
State; and if he fails or refuses to deliver the same, or any of them, 
upon demand, they may be recovered in a civil action, and he shall 
be liable upon his official bond for their value and all damages re- 
sulting by reason of their detention. 

§ 5. The architect appointed under this act. before entering upon 
his duties, shall take and subscribe an oath of office, and shall give a 
good and sufficient bond in the sum of ten thousand dollars, with two 
or more sureties residents of this State, w T ho are not and shall not 



ATTORNEYS AND COUNSELORS. 81 



become interested, directly or indirectly, in any public works; which 
bond shall be conditioned for the honest and faithful performance of 
his duties as such architect, and the exercise of care and skill in the 
discharge thereof; which bond shall be approved, recorded and tiled 
with his official oath according to law. 

Approved April 24, 1899. 



ATTOKNEYS AND COUNSELORS. 



ADMISSION TO THE BAR. 
? 1. Amends section 1, act 1874. 1 \ 2. Emergency. 

An Act to amend Section 1 of an act entitled, "An act to revise the 
law in relation to attorneys and counselors,"' approved March 28, 
1874, in force July 1, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section 1 of an act en- 
titled "An act to revise the law in relation to attorney s and coun- 
selors," approved March 28, 1874. and in force July 1. 1874, be 
amended so as to read as follows: 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That no person shall be per- 
mitted to practice as an attorney or counselor at law. or to commence, 
conduct or defend any action, suit or plaint, in which he is not a 
party concerned, in any court of record within this State, either by 
using or subscribing his own name or the name of any other person, 
without having previously obtained a license for that purpose from 
some two of the justices of the supreme court, which license shall 
constitute the person receiving the same an attorney and counselor 
at law, and shall authorize him to appear in all the courts within this 
State and there to practice as an attorney and counselor at law ac- 
cording to the laws and customs thereof, for and during his good be- 
havior in said practice, and to demand and receive fees for any ser- 
vices which he may render as an attorney and counselor at law in 
this State. No person shall be refused a license under this act on 
account of sex, and every applicant for a license who shall comply 
with the rules of the supreme court in regard to admission to the bar 
in force at the time such applicant commenced the study of law either 
in a law office or a law school or college, shall be granted a license 
under this act notwithstanding any subsequent changes in said rules. 

Provided, that to date of the 31st day of December, A. D. 1899, a 
diploma regularly issued by any law school regularly organized under 
the laws of this State, whose regular course of law studies is two 
years, and requiring an actual attendance by the student of at least 

—6 



82 



CANALS. 



thirty- six weeks in each of such years and showing that the student 
began the study of law prior to November 4, A. D. 1897, shall be re- 
ceived by the supreme court of this State, and a license of admittance 
to the bar shall thereupon be granted by the said court to the holder 
of such diploma; but every application for admission to the bar made 
on behalf of any person to whom any diploma as aforesaid has been 
awarded, must be made in term time by motion of some attorney of 
the said court, supported by the usual proofs of good moral charac- 
ter, and the production in the said court of such diploma, or satisfac- 
torily accounting by the applicant for its non-production; and in all 
cases when the diploma on which the application is based does not 
recite all the facts requisite to its reception, all such omitted facts 
must be shown by the affidavit of the applicant, or some officer of the 
law school, or by both: Provided further, that any student who 
has studied in a law office in this State for two years, or who for the 
period of two years has studied law part of such two years in a law 
office and part in the aforesaid law school, and whose course of studies 
began prior to November 4, 1897, shall be admitted to practice law 
upon a satisfactory examination in the branches now required by the 
rules of the supreme court of this State, except that he shall not be 
required to present to the examining board any proof as to his pre- 
liminary general education, by examination or otherwise. 

§ 2. Whereas, an emergency exists, therefore this act shall take 
effect and be in force from and after its passage. 

Approved February 21, 1899. 



CANALS. 



ILLINOIS AND MICHIGAN CANAL. 



1. Amends section 8 of acts of 1874 and 
1891. 



I 8. Powers of commissioners— 

1. To appoint general superintendent. 
2. To prescribe rules. 3. To establish 
rates. 4. To sell material. 5. To 
lease lands and lots. 6. To lease 
water power. 7. To lease ice privi- 
leges. 8. To sell canal lands. 9. To 
execute conveyances. 

An Act to amend Section eight (8) of "An act to revise the law in 
relation to the Illinois and Michigan Canal, and for the improve- 
ment of the Illinois and Little Wabash rivers," approved March 
27, 1874, in force July 1, 1874, as amended by the act of June 19, 
1891, in force July 1, 1891. 

Section 1. Be it enacted by the People of the Slate of Illinois, 
represented in the General A assembly : That section 8 of "An act 
to revise the law in relation to the Illinois and Michigan canal, and 
for the improvement of the Illinois and Little Wabash rivers," ap- 



CANALS. 83 



proved March 27, 1874, in force July I, 1874, as amended by the act 
of June 19, 1891, in force July 1, 1891, be, and the same is hereby, 
amended so as to read as follows: 

§ 8. Said commissioners shall have control and management of 
the Illinois and Michigan canal, including its feeders, basins and ap- 
purtenances, and the property thereto belonging, and all locks and 
dams and other improvements of the navigation of the Illinois and 
Little Wabash rivers, and shall have authority: 

First — To appoint a general superintendent, collector of tolls and 
such other officers and agents as may be necessary for the manage- 
ment of the said canal, locks, dams and other improvements, and pre- 
scribe their compensation, powers and duties, and remove them at 
pleasure, and may employ all such agents and servants as may be 
necessary in the performance of the duties of their office. 

Second — To prescribe reasonable rules and regulations in respect 
to all matters connected with the navigation and use of the said canal, 
locks and dams and transportation on or through the same; and who- 
ever shall wilfully or negligently refuse or neglect to comply with 
such rules may be fined in any sum, not exceeding $50 for each of- 
fense, to be recovered in the name of the People of the State of Illi- 
nois, before any justice of the peace of the county, and paid over to 
said commissioners, and said commissioners may prohibit all persons 
who wilfully refuse or neglect to comply with such rules from using 
said canal, locks and dams. Printed copies of such rules and of this 
article shall be posted for public inspection in the offices of the col- 
lectors of tolls. The power granted in this article shall apply as well 
to that part of the south branch of the Chicago river within one 
thousand feet of the lock at Bridgeport, and to the canal basin at or 
near the termination of the canal on the Illinois river, and to that 
part of ihe Illinois and Little Wabash rivers above and below the 
several locks and dams within one thousand feet thereof, and to all 
feeders, basins and laterals as to the canal, locks and dams. 

Third — To establish and collect reasonable rates of toll for the 
passage and use of the said canal and the said locks: Provided, that 
the use of the said canal and locks shall be free for the transporta- 
tion of any property of the United States, or persons in their service 
passing through the same. 

Fourth — To sell and dispose of any machinery, fixtures, stone, de- 
bris, material or personal property unnecessary for the proper man- 
agement, construction, repair or use of said canal, locks, dams or 
other improvements. 

Fifth — To lease from time to time any of the canal lands or lots 
owned by the State: Provided, no lease shall be for a period ex- 
ceeding twenty years. 

Sixth — To lease from time to time, to the highest bidder therefor, 
any water power and lands or lots connected therewith. Before any 
such lease shall be made, at least thirty days' public notice of the 
intended letting shall be given by publication in some newspaper 
published in the neighborhood, and such other notice as the commis- 



84 CANALS. 



sioners shall deem best. The commissioners shall have power to 
require that bids be accompanied by security, and may reject all bids 
not satisfactory to them, and re-advertise until they shall receive 
satisfactory bids. No lease shall be for a period exceeding twenty 
years, but the commissioners may provide for the extension of any 
lease frcm time to time, not exceeding twenty years at any one time, 
at a rent to be fixed by an appraisal, to be made by three disinterested 
appraisers to be appointed by the Governor, and such appraisal shall 
be subject to the approval of the commissioners. All leases of water 
power and extensions thereof shall be subject to the right of the com- 
missioners to resume, without compensation to the lessee, the use of 
any such water power for the purpose of the canal, and also wholly 
to abandon or destroy the work by the construction of which the 
water privilege shall have been created, whenever, in the opinion of 
the Legislature, such work shall cease to be advantageous to the State. 

Seventh — To lease from time to time to the highest and best bid- 
der (after publishing notice in some newspaper published in the 
county where the ice privilege to be leased may be) , in sections not 
exceeding one thousand feet, lineal measure, upon such terms as not 
to interfere with the proper use and management of the canal, the 
right to take and harvest ice therefrom, or from any of its feeders,, 
basins and appurtenances, and to prohibit all persons from taking 
and harvesting ice therefrom without such lease: Provided, no such 
lease shall be for a longer time than twenty years. 

Eighth — To sell and convey, whenever in their judgment the in- 
terest of the State will be promoted thereby, any canal lands or lots 
now owned by the State other than those connected with water power 
upon the said canal and the ninety foot strip along the canal. But 
before making any such sale they shall obtain the approval of the 
Governor thereto, and to the time, rplace and manner of making the 
same: Provided, that before any such sale shall be made, thirty 
days' previous notice thereof shall be given in some newspaper pub- 
lished in the county where such land is situated. x4.nd said land 
shall be sold at public auction to the highest and best bidder. 

Ninth — To execute in due form and deliver any conveyance that 
may be necessary to comply with the conditions of any bond, con- 
tract or agreement heretofore made by those lawfully authorized to 
sell any of the real estate known as canal lands, where the purchaser 
shall have complied with the conditions of such bond, contract or 
agreement, and the commissioners are satisfied that he is justly en- 
titled to such conveyance. 

§ 2. Nothing in this act contained shall be construed to repeal or 
affect any of the provisions of an act entitled "An act to create sani- 
tary districts and to remove obstructions in the Desplaines and Illi- 
nois rivers," approved May 29, 1889, in force July 1, 1889, or any act 
amendatory thereof. 

Approved April 21, 1899. 



CEMETERIES. 85 



CEMETERIES. 



CONVEYANCE, USE AND PRESERVATION OF BURIAL LOTS IN CEMETERIES. 

§ 1. Provides that burial lots may be conveyed to company in trust, use of lot by descend- 
ants for interment. 

An Act in relation to the conveyance, use and preservation of burial 

lots in cemeteries. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That any burial lot in any 
cemetery controlled by any company or association incorporated for 
cemetery purposes under any general or special law of the State of 
Illinois, may, by the owner or owners, be conveyed or devised back 
to and held by such company or association in perpetual trust for 
the purpose of its preservation as a place of burial, and shall there- 
after remain forever inalienable by act of the parties, but the right to 
use the same as a place of burial of the dead of the family of the 
owner and his descendants shall descend from generation to genera- 
tion unless the deed of conveyance in trust shall provide that inter- 
ments in such lot shall be confined to the bodies of specified persons, 
in which case such lot shall be forever preserved as the burial place 
of the persons specified in the deed and shall never be used for any 
other purpose whatever: Provided, however, that in all cases where 
in addition to the cemetery corporation there is a special corporation 
or board of trustees created for the purpose of taking and preserving 
an improvement fund or funds for the respective cemetery, then and 
in such cases such conveyances in trust of burial lots to be held in 
perpetuity may be made to and held by such special corporation or 
board of trustees upon the same trusts, provisions and conditions as 
are above provided in case of conveyances to cemetery companies: 
Provided farther, however, that no conveyance in trust authorized 
by this act shall be made without the consent of the cemetery com- 
pany or association in whose cemetery such burial lot is located. 

Approved April 21, 1899. 



86 CHAEITIES. 



CHARITIES. 



SOLDIERS ORPHANS HOME. 

§ 1. Amends section 5, act 1875, as amended I ? 5. Object of Soldiers' Orphans' Home, 
by act of 1897. 

An Act to amend Section 5 of an act entitled li An act to regulate 
the State charitable institutions and the State reform school, and 
to improve their organization and increase their efficiency," ap- 
proved April 15, 1875, in force July 1, 1875, as 'amended by an 
act approved May 28, 1897, in force July 1, 1897. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 5 of an act 
entitled, "An act to regulate the State charitable institutions and the 
State reform school, and to improve their organization and increase 
their efficiency," approved April 15, 1875, in force July 1, 1875, as 
amended by an act approved May 28, 1897, in force July 1, 1897. 

§ 5. The object of the Soldiers' Orphans' Home shall be to pro- 
vide for the nurture and intellectual, moral and physical culture of 
all indigent children whose fathers served in the army or navy of 
the United States, and have died or been disabled by reason of 
wounds or disease received therein or have since become disabled or 
died; that there shall be received into said institution first, children 
who are under the age of five years, who are in indigent circum- 
stances, and then if the means appropriated by the State will justify 
it, indigent children above that age and below the age of fourteen 
years shall be received, and then if the means provided will justify, 
all other indigent orphans of such soldiers may be received, but none 
over the age of sixteen years shall be received, at which age all 
children shall be discharged therefrom except girls, who may be re- 
tained until they are eighteen years old, and the trustees may dis- 
charge at any time any child for persistent violation of the rules of 
said home, or when in their judgment it is necessary for the' best 
interest and good government of the same; and the said trustees 
shall have the authority to procure permanent homes for any orphan 
child admitted to the home, and also for any child by first obtaining 
the consent of the parents, if either of them are living and can be 
found; and said trustees shall make such rules and regulations in 
regard to the manner of making contracts with any responsible par- 
ties who may take any of said children to raise: Provided, that in 
special cases of peculiar inability of any child to support itself, the 
trustees may retain such child, although over the age of sixteen years, 
and until the child has reached the age of eighteen years. 

Approved April 3, 1899. 



CITIES AND VILLAGES. 



87 



CITIES, TOWNS AND VILLAGES. 



ANNEXATION OF TEERITORY. 

§ 1\ Amends section 2, act 1889. ? 2 Annexing parts of cities, towns and 

villages— petition for election — teri- 
tory to be described in petition. Elec- 
tion—when and how held — publica- 
tion of notice. Second petition. 

An Act to amend "An act to provide for the annexation of cities, 
incorporated towns and villages, or parts of same, to cities, incor- 
porated tow ns and villages, 1 ' 1 approved and in force April 25, 

1889. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That an act entitled, "An 
act to provide for the annexation of cities, incorporated towns and 
villages, or parts of the same, to cities, incorporated towns and vil- 
lages," be amended by amending section 2 thereof so that it shall 
read as follows: 

§ 2. When the inhabitants of any territory not less than one-half 
square mile in extent and less than the whole of an incorporated 
city, village or town, and which territory shall be contiguous to and 
adjoining the territory of another incorporated city, village or town, 
desire to be annexed to such other incorporated city, village or town, 
such annexation may be effected as follows: A petition shall be 
presented to the judge of the county court wherein such incorporated 
city, town or village is situated to which annexation is desired, 
signed by not less than one hundred of the legal voters of the terri- 
tory sought to be annexed, asking that the question of annexation of 
the territory described in the petition may be submitted to the' legal 
voters of the city, village or incorporated town from which said ter- 
ritory is to be taken, and to the legal voters of the city, village or in- 
corporated town to which it is sought to annex the same and to the 
legal voters of the territory sought to be disconnected from one city, 
village or incorporated town and annexed to the other city, village or 
incorporated town. Such territory shall be described in said peti- 
tion, and thereupon said county judge shall cause to be submitted 
the question of annexation of such territory to the voters of the in- 
corporated city, town or village from which it is sought to disconnect 
territory, and to the voters of the incorporated city, town or village 
to which it is sought to annex the same, at an election to be holden 
in each of said incorporated cities, towns or villages. Such question 
may be submitted at either a special election, called for that purpose, 
or at any municipal election, or at any general election. Notice of the 
election hereby required shall be given by causing notices thereof to 
be published in at least one newspaper published in said county, 
within which said city, village or incorporated town may be. to which 
territory is sought to be annexed, at least fifteen days before such 
election, by the clerk of the county court. The ballots at such elec. 



88 CITIES AND VILLAGES. 



tion to be written or printed, or partly written and partly printed, 
"For annexation of" (here describe territory of city, village or in- 
corporated :own to be annexed) "to" (here give the name city, village 
or incorporated town to which annexation is sought) or "against an- 
nexation of" (here describe territory of city, village or incorporated 
town to be annexed) "to" (here name city, village or incorporated 
town to which annexation is sought) respectively, or in such other 
manner ns is or may be hereafter provided in such cases by the gen- 
eral election laws of the State of Illinois applicable to said cities, 
villages or incorporated towns, said ballots to be received, canvassed 
and returned the same as ballots for municipal officers of such in- 
corporated cities, towns or villages; and the officers who are charged 
by law with the duty of receiving such votes, shall ascertain the 
exact residence of each voter voting at such election, either from the 
books of registration or from the oath or affirmation of such voter, 
and in election precincts which are intersected by the boundaries of 
the territory sought to be annexed, the judges of election shall pro- 
cure an additional ballot box in which shall be deposited only the 
ballots of voters residing within the limits of the territory so sought 
to be annexed, aud shall make a separate return of the ballots cast in 
such additional ballot box, and the officers who are charged by law 
with the duty of canvassing the returns of such election shall file, or 
cause to be tiled, with the clerk of the county court of such county, a 
certificate of such canvass immediately upon ascertaining the result 
thereof, in which certificate such officers shall state, as well as the 
results of the entire vote in each of the cities, incorporated towns or 
villages as canvassed by them, the number of votes cast by the voters re- 
siding within the limits of the territory so sought to be annexed, and 
the number of votes for and the number against the question so sub- 
mitted as cast by such voters; and if it shall appear that the majority 
of the voters of each incorporated town, city or village, as well as a 
majority of the voters residing within the limits of the territory 
sought to be annexed so voting upon the question of annexation at 
such election, vote for annexation, thereupon the jurisdiction of the 
incorporated city, town or village shall extend over such territory so 
annexed; but if it shall appear that a majority of the voters of any 
territory less than the whole of an incorporated city, village or town, 
so voting upon the question of annexation, when said question is sub- 
mitted, vote against annexation, any petition thereafter presented to 
the judge of the county court for the annexation of the same terri- 
tory shall be signed by not less than one-eighth of the legal voters of 
the territory which is sought to be annexed under such subsequent 
petition. 

Appeoved April 12, 1899. 



CITIES AND VILLAGES. 



89 



ART COMMISSION. 



? 1 
I 2 

is 

I 4 



Cities may provide for by ordinance. 

What persons constitute commission. 

Time of service— filling vacancies. 

Commission to serve without compen- 
sation— organization— rules— quorum. 

Offices provided by city— expenses — 
how paid. 



§ 6. All works of art must be approved by 
commission— terms "work of art" 
and "municipal building" defined — 
work of art removal, relocating or 
altering to be approved by commis- 
sion— commission to act on designs 
of buildings, bridges, gates, etc., on 
property owned by city or occupying 
city property— park boards may re- 
fuse admission of monuments, memo- 
rials, etc. 

5 7. Failure of commission to decide any 
submitted matter within sixty days. 

? 8. Removal or relocation when deemed 
necesary, submitted to commission 
and decision rendered in forty-eight 
hours. 

An Act to provide for the creation of Art Commissions in cities and 
to define their powers. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: Whenever in any city in 
this State the city council shall deem it advisable they may by ordi- 
nance provide for the creation of a commission to be known as the 
art commission of such city. 

§ 2. Such commission shall consist of the mayor of such city, 
the president or chief officer of the principal art institute, or similar 
incorporated organization, if there be any in such city, the presidents 
or president of the boards or board of park commissioners of any 
parks, park or system of parks within the limits of such city under 
the control of a board or boards of park commissioners (all of whom 
shall serve as members of the State art commission during the con- 
tinuance of their said several offices), and three other members, resi- 
dents of said city, to be appointed by the mayor. One of said three 
members shall be a painter, one a sculptor and one an architect. 

§ 8. The said three members to be appointed by the mayor shall 
serve for one year, for two years and for three years as members of 
said commission, and shall determine by lot their respective terms of 
office. After the expiration of said terms of office their successors 
shall be appointed for a term of three years in each case. Ail 
appointments to fill vacancies shall be for the unexpired term. In 
case any vacancy shall occur in the commission for any reason, the 
vacancy shall be filled by appointment as provided in the preceding 
section. 

§ 4. The commission shall serve without compensation as such, 
and shall elect a president and secretary from its own members, 
whose term of office shall be for one }^ear and until their successors 
are elected and cpialified. 

The commission shall have power to adopt its own rides of pro- 
cedure." Five commissioners shall constitute a quorum. 



90 CITIES AND VILLAGES. 



§ 5. Suitable offices shall be provided for the commission by the 
common council of such city, and the expenses of the commission 
shall be paid by appropriation made therefor by said common council 
annually. 

§ 6. Hereafter no work of art shall become the property of such 
city by purchase, gift or otherwise, unless such work of art or a de- 
sign of the same, together with a statement of the proposed location 
of such work of art, shall first have been submitted to and approved 
by the commission ; nor shall such work of art until so approved be 
erected or placed in or upon, or allowed to extend over or upon any 
street, avenue, square, common, municipal building or other place 
belonging to such city, or any park, boulevard or public ground sit- 
uated within the limits of such city. The commission may, when 
they deem proper, also require a complete model of the proposed 
work of art to be submitted. The term "work of art," as used in 
this connection, shall apply to and include all paintings, mural dec- 
orations, stained glass, statues, bas reliefs, or other sculptures, 
ornaments, fountains, images or other structure of a permanent 
character intended for ornament or commemoration. The term 
municipal building as used in this connection shall include all pub- 
lic schools and all buildings or portions thereof and all grounds used 
for school purposes in such city. No existing work of art in the 
possession of the city, or in any parks, boulevards, public grounds, 
school buildings, or school grounds aforesaid, shall be removed, re- 
located, or altered in any way without the similar approval of the 
commission, except as provided in section 8 of this act. When so 
requested by the mayor or the common council the commission shall 
act in a similar capacity with similar powers in respect of designs of 
buildings, bridges, approaches, gates, fences, lamps or other struct- 
ures erected or to be erected upon land belonging to the city or a 
part of any of the parks, public grounds or boulevards within the 
limits of such city, and in respect of the lines, grades and platting of 
the public ways and grounds, and in respect of the arches, bridges, 
structures and approaches which are the pnrperty of any corpora- 
tion or private individual, and which shall extend over or upon any 
street, avenue, highway, boulevard, park or other public place be- 
longing to or within the limits of such city. 

But this section shall not be construed as impairing the power of 
any park board to refuse its consent to the erection or acceptance of 
public monuments or memorials or other works of art or structures 
of any sort within any park, boulevard or other public ground under 
their control in such city. 

§ 7. If the commission shall fail to decide upon any matter sub- 
mitted to it within sixty days after such submission its decision shall 
be deemed unnecessary. 

§ 8. In case the removal or re-location of any existing work of 
art or other matter that under the provisions of section 6 would be 
within the control of the art commission shall be deemed necessary 
by those in power to cause such removal or relocation, the commis- 



CITIES AND VILLAGES. 



91 



sion shall within forty-eight hours after notice approve or disapprove 
of such removal or relocation, and in case of their failure so to act 
within forty-eight hours after the receipt of such notice they shall 
be deemed to have approved of such removal or relocation. 

Approved April 24, 1899. 



CONSOLIDATION OF TOWNSHIPS IN CITIES. 



?. 3. Justices of the peace — to act as town 
auditors — offices of justices. 

§ 4. Repeal. 



I 1. Provides that cities, in counties under 
township organization, composed of 
five or more congressional townships 
may consolidate — petition for elec- 
tion. 

I 2. Duty of county clerk. 

An Act to provide for consolidation, of the territory of cities in 
counties under township organization having five or more con- 
gressional townships and fractional parts of congressional town- 
ships into one township, and to provide for a board of auditors 
of said township and locate the place where the justices of the 
peace shall have their offices. 

Section 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly : That when the territory of 
any city of the State of Illinois in counties under township organi- 
zation is composed of five or more congressional townships or frac- 
tional parts of congressional townships and the legal voters of said 
city want to organize said territory into one township, that upon a 
petition of at least one-tenth of the legal voters of said city, to be 
ascertained by the votes cast at the last preceding presidential elec- 
tion, the county board of said county shall cause to be submitted to 
the voters of said city at the next general election the question of 
consolidation of the territory included in said city into one township, 
to be voted on by ballots, written or printed, or partly written and 
partly printed, "For consolidation into one township," and "Against 
consolidation into one township," notice to be given and the votes to 
be canvassed and returns made in like manner as votes for county 
officers. 

§ 2. The county clerk shall enter an abstract of the returns of 
said election, to be made out and certified as in election for county 
officers, record the same at length upon the records of the county, 
and if a majority of said votes shall be in favor of consolidating all 
of said townships and fractional parts thereof in said city into one 
organized township, then at the next ensuing election for township 
officers there shall be elected one set of township officers for the ter- 
ritory in said city. 

§ 3. Provided further, whenever any city in counties under 
township organization having five or more congressional townships 
and fractional parts thereof in said city shall have been consolidated 
into one organized township, the judges of the courts of record of said 



92 CITIES AND VILLAGES. 



county shall appoint one justice of the peace from each of the con- 
gressional townships in said city to act as one of the town auditors of 
said town, who shall act during the term of justice of the peace, and 
in case of vacancy, to fill the same, who, with the supervisor and 
town clerk, shall compose the board of auditors of said consolidated 
town: Provided, that in cities of one hundred and twenty-five thous- 
and inhabitants the justices of the peace shall have their offices in 
the congressional township or fractional part thereof from which 
they are appointed or elected. 

§ 4. All acts in conflict with this act are hereby repealed. 

Approved Appril 24, 1899. 



LEVY AND COLLECTION OF TAXES FOR CORPORATE PURPOSES. 

i 1. Amends section 1 of article 8 of the act I § 2. Levy and collection of taxes for cor- 
of 1872. porate purposes. 

An Act to amend Section 1 of Article 8 of an act entitled "An act 
to provide for the incorporation of cities and villages," approved 
April 10, 1872, in force July 1, 1872, and amended by an act ap- 
proved June 18, 1891, in force July 1, 1891. 

Section 1. Beit enacted by the People of the State of Illinois, 
represented in the General Assembly : That section 1 of article 8 
of above entitled act be amended to read as follows: The city coun- 
cil in cities and boards of trustees in villages may levy and collect 
taxes for corporate purposes in the manner following: The city 
council or boards of trustees, as the case may be, shall, annually, on 
or before the third (3rd) Tuesday in September in each year, ascer- 
tain the total amount of appropriations for all corporate purposes 
legally made and to be collected from the tax levy of that fiscal year; 
and, by an ordinance specifying in detail the purposes for which 
such appropriations are made and the sum or amount appropriated 
for each purpose respectively, levy the amount so ascertained upon 
all the property subject to taxation within the city or village as the 
same is assessed and equalized for State and county purposes for the 
current year. A certified copy of such ordinance shall be filed with 
the county clerk of the proper county, whose duty it shall be to ascer- 
tain the rate per cent which, upon the total valuation of all property 
subject to taxation within the city or village as the same is assessed 
and equalized for State and county purposes, will produce a net 
amount of not less than the amount so directed to be levied, and it 
shall be the duty of the county clerk to extend such tax in a separate 
column upon the book or books of the collector or collectors of State 
and county taxes within such city or village. And where the cor- 
porate limits of any city or village shall lie partly in two or more 
counties, the city council or board of trustees shall ascertain the 
total amount of all taxable property lying within the corporate limits 



CITIES AND VILLAGES. 93 



of said city or village in each county as the same is assessed and 
equalized for State and county purposes for the current year, and 
certify the amount of taxable property in each county within said 
city or village, under the seal of said city or village, to the county 
clerk of the county where the seat of government of such city or vil- 
lage is situated, whose duty it shall be to ascertain the rate per cent 
which, upon the total valuation of all property subject to taxation 
within the city or village, ascertained as aforesaid, will produce a net 
amount not less than the amount so directed to be levied; and said 
clerk shall, as soon as said rate per cent of taxation is ascertained, 
certify under his hand and seal of office to the county clerk of any 
other county wherein a portion of said city or village is situate, such 
rate per cent, and it shall be the duty of such county clerk to whom 
such rate per cent is certified to extend such tax in a separate column 
upon the book or books of the collector or collectors of the State and 
county taxes for such county against all property in his county within 
the limits of said city or village: Provided, the aggregate amount 
of taxes levied for any one year, exclusive of the amount levied for 
the payment of bonded indebtedness or interest thereon, shall not 
exceed the rate of two (2) per centum upon the aggregate valuation 
of all property within such city or village subject to taxation therein, 
as the same was equalized for State and county taxes for the current 
year. 

And, provided further, that nothing herein contained shall be held 
to repeal or modify the limitations contained in section 49 of an act 
entitled, "An act for the assessment of property and providing the 
means therefor, and to repeal a certain act therein nam^d. approved 
February 25, 1898." 

Approved April 21, 1899. 



LOCAL IMPROVEMENTS BY SPECIAL ASSESSMENTS. 



§ 42. Division of assessments into install- 
ments — interest on installments. 



? 1. Amends sections 38 and 42 of the act 

of 1897. 

I 38. Order for special assessment— com- 
pensation fixed by court. 

An Act to amend Sections thirty-eight (38) and forty -two (42) of 
an act entitled, "An act concerning local improvements^ approved 
June 14, 1897, in force July 1, 1897. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That sections thirty-eight 
(88) and forty-two (42) of an act entitled. "An act concerning local 
improvements," approved June 14, 1897, in force July 1, 1897, be 
amended to read as follows: 



94 CITIES AND VILLAGES. 



§ 38. Upon the filing of such petition the court shall enter an 
order directing the superintendent of special assessments, in cities 
where such officer is provided for by this act, otherwise some compe- 
tent person appointed by the court in which such petition is filed, to 
make a true and impartial assessment of the cost of said improve- 
ment upon the petitioning municipality and the property benefited 
by such improvement; the compensation of the person appointed by 
the court to be fixed by the court. 

§ 42. It shall be lawful to provide by the ordinance for any local 
improvement, any portion of the cost of which is to be defrayed by 
special assessment or special taxation, or by ordinance passed at any 
time before the confirmation of the assessment roll, that the aggregate 
amount assessed against property, and also each individual assess- 
ment, be divided into not more than five installments. Provided, 
that any such special assessment or special tax levy for building 
sewers or laying water mains or locating, erecting and constructing 
reservoirs and hydrants for the purpose of fire protection may, in 
like manner be divided into not exceeding ten (10) installments. 
In all such cases division shall be so made that all installments shall 
be equal in amount, except that all fractional amounts shall be added 
to the first installment, so as to leave the remaining installments of 
the aggregate equal in amount and each a multiple of one hundred 
dollars. The first installment shall be due and payable on the second 
day of January next after confirmation of the assessment, and the 
second installment one year thereafter, and so on annually until all 
are paid. 

All installments except the first shall bear interest from and after 
the date of confirmation until paid at a rate not exceeding six (6) 
per centum, to be fixed by the ordinance. The interest on each in- 
stallment, except the first, shall be payable as follows: On the sec- 
ond day of January next succeeding the date of confirmation, the 
interest accrued up to that time on all upaid installments shall be 
due and payable and be collected with the installment, and thereafter 
the interest on all unpaid installments then payable, shall be payable 
annually, and be due and payable at the same time as the installments 
maturing in such year and be collected therewith. 

In all cases it shall be the duty of the municipal collectors, as the 
case may be, whenever payment is made of any installment, to col- 
lect interest thereon up to the date of such payment, whether such 
payment be made at or after maturity. 

Any person may pay the whole assessment against any lot, piece or 
parcel of land, or any installment thereof, with interest up to the 
date of payment, at any time before the bonds hereinafter mentioned 
are issued, but after said bonds are issued payment shall not be re- 
ceived of any installment before its maturity, unless intorest thereon 
up to the second day of the succeeding January is also paid at the 
same time. Provided, also, that in cities of less than one hundred 
thousand inhabitants the special assessment for any local improve- 



CITIES AND VILLAGES. 95 



ment may be divided into not to exceed ten (10) installments, and 
all installments except the first shall draw interest at the rate of four 
(4) per cent per annum. Interest and payment may be made as 
before described. 



Approved April 21, 1899. 



LOCAL IMPROVEMENTS BY SPECIAL ASSESSMENT. 

g 1. Amends section 4 of the act of 1897. j I 4. Ordinance for improvements — cities 

of 50,000 population. 

An Act to amend Section 4 of an act entitled "An act concerning 
local improvements," approved June 14, 1897, in force July 1, 
1897. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That section 4 of an act 
entitled "An act concerning local improvements," approved June 14, 
1897, in force July 1, 1897, be, and the same is hereby, amended so 
as to read as follows: 

§ 4. When any such city, town or village shall by ordinance pro- 
vide for the making of any local improvement, it shall by the same 
ordinance prescribe whether the same shall be made by special 
assessment, or by special taxation of contiguous property, or general 
taxation, or both. But in cities towns or villages having a popula- 
tion of less than fifty thousand, ascertained as aforesaid, no ordinance 
for making any local improvement to be paid by special assessment 
or by special taxation of contiguous x^roperty shall be adopted unless 
the owners of one-half of the property abutting on the line of the 
proposed improvement shall petition for. the same: Provided, that 
in cities, towns or villages of a population of 10,000 or under, no 
ordinance for making any improvement shall be adopted unless a 
majority of resident property owners affected by such improvement 
shall petition for the same. 

Approved April 19, 1899. 



96 



CITIES AND VILLAGES. 



OUTLET SEWERS, RESERVOIRS AND PUMPING WORKS. 



§ 6. Petition to court— contents— appoint- 
ment of commissioners — oath— duty. 

I 7. Further proceedings shall be in accord 
with "An act concerning local im- 
provements." approved in 1S97. 

§ 8. Proceedings for assessing and collect- 
ing costs. 

I 9. Special assessments— may be divided 
into installments— when payable- 
interest on. 

I 10. Authorizes the issuing of bonds. 



I 1. Authorizing certain cities to build out- 
let sewers, reservoirs, etc. — provides 
for special assessment. 

I 2. Corporate authorities vested with 
power to make special assessments 
to maintain and keep in repair such 

sewers, etc. 

§ 3. Purchase or condemation of real or per- 
sonal property. 

I 4. Ordinance for outlet sewers, etc.— what 
to contain. 

? 5. Estimated cost to be' made and report- 
ed to city council — petition filed in 
county court for proceedings to as- 
sess costs. 

An Act to authorize cities of 100,000 population and under to con- 
struct outlet sewers, reservoirs, pumping works and machinery, 
and maintain and keep in repair the same, the cost thereof to be 
dej rayed by special assessment, or special taxation, and if the as- 
sessment is paid in installments, to issue bonds to anticipate the 
deferred installments. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in all cities in this 
State of a population of one hundred thousand or under which have 
a sewerage system, but have no adequate outlet therefor, or no 
proper disposition of the sewage thereof, without constructing an 
outlet sewer through an unimproved portion of such cities, and 
thence through lands beyond the limits of such cities, the corporate 
authorities thereof are hereby vested with power to construct an out- 
let sewer wholly within, or partially within and partially without, 
said cities, into which the sewers throughout said cities are to empty, 
and through which they are to discharge their sewage for proper 
disposition and sanitary benefits, and to construct reservoirs, erect 
pumping works and machinery, within or without said cities, and to 
acquire the necessary land and machinery for such purposes, and 
otherwise provide for discharging the sewage of such cities into 
channels that will promote the health and improve the sanitary con- 
dition of, and accomplish the purpose of an outlet sewer for such 
cities, the cost of which shall be borne by special assessment, or by 
special taxation, upon the property in those portions of said cities 
the sewers in which are to ultimately find their outlet through said 
hereby authorized outlet sewer. 

§ 2. That the corporate authorities of such cities as are desig- 
nated in section 1 of this act are hereby vested with the power to 
maintain and keep in repair such outlet sewers, reservoirs, pump- 
ing works and machinery as are provided for in said section 1, the 
cost of which shall be borne by special assessment, or by special 



CITIES AND VILLAGES. 97 



taxation, upon the property as described also in said section 1 of this 
act: Provided, that no lot, block, tract or parcel of land shall be 
assessed more than once in any one year for such maintenance and 
repair. 

§ 3. That the corporate authorities of such cities as are desig- 
nated in section 1 of this act shall have power to acquire by purchase, 
gift, condemnation or otherwise all the real and personal property, 
rights-of-way and easements within or without said cities necessary 
for the construction and maintenance of the outlet sewers and works 
authorized by this act, and shall have the same control and jurisdic- 
tion of the property without as of that within said cities. 

§ 4. When the local authorities of such cities as designated in 
section 1 of this act shall determine to construct an outlet sewer, 
etc., hereinbefore provided for, they shall do so by ordinance, in 
which it shall be prescribed whether the same shall be made by spe- 
cial assessment or special taxation. In the same ordinance shall be 
prescribed the nature, character, locality and description of said out- 
let sewer improvement, either by setting forth the same in the ordi- 
nance itself or by reference to maps, plats, plans, profiles or specifica- 
tions thereof on file in the office of the city clerk, or by both. The said 
ordinance shall also prescribe by reasonably well understood boun- 
daries those portions of the city the sewage of which is to be con- 
ducted by sewers already laid, or those contemplated to be laid, into 
and through the herein provided outlet sewer, and the property 
within such boundaries shall be assessable for the cost of the said 
outlet sewer improvement. If property is to be taken or damaged 
for said improvement such ordinance shall prescribe the same with 
reasonable certainty. 

§ 5. The city council shall appoint three of its members, or any 
other three competent persons, who shall make an estimate of the. 
cost of the outlet sewer improvement contemplated by sush ordinance, 
including reservoirs, pumping works and machinery, damages, neces- 
sary lands, labor, materials, engineering and all other expenses at- 
tending the same, and the cost of making and levying the assessment, 
and shall report the same in writing to said city council. On such 
report being made and approved by the city council the council may 
order a petition to be filed by such officer as it shall direct, in the 
county court of its county, for proceedings to assess the cost of such 
improvement in the manner provided in this act. 

§ 6. The petition to court shall be in the name of the corporation, 
and shall recite the ordinance for the proposed improvement, and 
report of such commission, and shall pray that the cost of such im- 
provement may be assessed in the manner prescribed by law. Upon 
the filing of such petition the court shall appoint three competent 
persons as commissioners who shall take and subscribe to an oath, 
in substance as follows, to- wit: 



-7 



98 CITIES AND VILLAGES. 



State of Illinois, ) 
County, 



ss. 



We, the undersigned, commissioners appointed by the county 
court of county, to assess the cost of a sewer outlet im- 
provement in the city of do solemnly swear (or affirm 

as the case may be) that we will a true an[d] impartial assessment 
make of the cost of said improvement upon the property assessable 
for the same, to the best of our ability and according to law. 



It shall be the duty of such commissioners to examine the portions 
of the city that said outlet sewer improvement is contemplated to 
accommodate and serve, and if the cost thereof is to be paid by spe- 
cial assessment, then to apportion and assess said cost upon the 
propert}' in said portion of the city to be served by said outlet 
sewer improvement, by the several lots, blocks, tracts and parcels of 
land in the proportion in which they will be severally benefited by 
said outlet sewer improvement; if the cost is to be paid by special 
taxation, then the said commissioners shall apportion and assess said 
cost upon the said property in said portion of the city to be served 
by said outlet sewer improvement, by the several lots, blocks, tracts 
and parcels of land according to their assessed valuation, superficial 
area, or frontage on the streets, as may be prescribed in said ordi- 
nance. 

§ 7. All the additional and further proceedings and steps neces- 
sary to the making of an assessment roll, the return of same to court, 
notices to parties assessed, newspaper publications, confirmation of 
assessment by court, delivery of roll to collector, collection of assess- 
ments, return of delinquent lists, application for judgments against 
delinquents, tax sales on delinquents, tax deeds, and all other and 
additional proceedings and steps necessary to be taken to make, levy, 
confirm and collect an assessment to pay the costs by special assess- 
ment or by special taxation of the outlet sewer improvement provid- 
ed for in this act. as well as proceedings for condemnation of lands 
and the manner of awarding contracts, doing and superintending the 
work, paying the contractor therefor, etc., shall be in accordance 
with the provisions of an act of the General Assembly of the State 
of Illinois entitled, "An act concerning local improvements/' ap- 
proved June 14, 1897, in force July 1, 1897. and all of the provisions 
of said act not inconsistent with any of the provisions of this one, 
which are applicable to the purpose herein sought, are hereby made 
an aid to this act and available hereto. 

§ 8. The proceedings for assessing and collecting the cost of 
maintaining and keexnng in repair said outlet sewer, reservoirs, 
pumping works and machinery, designated in section two of this act, 
shall be the same, as far as practicable and applicable, as those of 
assessing and collecting the cost of constructing the same. 



CITIES AND VILLAGES. 99 



§ 9. It shall be lawful to provide by the ordinance authorizing 
the outlet sewer improvement provided for in this act, or by ordi- 
nance passed at any time before the confirmation of the assessment 
roll, that the aggregate amount assessed against property, and also 
each individual assessment, be divided into installments not more 
than twenty (20) in number. In all cases such division shall be so 
made that all installments shall be -equal in amount, except that all 
fractional amounts shall be added to the first installment, so as to 
leave the remaining installments of the aggregate equal in amount, 
and each a multiple of one hundred dollars. The first installment 
shall be due and payable on the second day of January next after 
confirmation of the assessment, and the second installment one year 
thereafter, and so on annually until all are paid. All installments 
except the first one, shall bear interest from and after the date of 
confirmation until paid at a rate not exceeding six (6) per centum 
per annum, to be fixed by the ordinance. The interest on each in- 
stallment, except the first, shall be payable as follows: On the sec- 
ond day of January next succeeding the date of confirmation, the 
interest accrued up to that time on all unpaid installments shall be 
due and payable and be collected with the installment, and thereafter 
the interest on all unpaid installments, then payable, shall be pay- 
able annually and be due and payable at the same time as the 
installments maturing in such year and be collected therewith. In 
all cases it shall be the duty of the municipal collector as the case 
may be, whenever payment is made of any installment, to collect 
interest thereon up to the date of such payment whether such pay- 
ment be made at or after maturity. Any person may pay the whole 
assessment against any lot, piece or parcel of land, or any install- 
ment thereof, with interest up to the date of payment, at any time 
before the bonds hereinafter mentioned are issued, but after said 
bonds are issued payment shall not be received of any installment 
before its maturity unless interest thereon up to the second day of 
the succeeding January is also paid at the same time. 

§ 10. For the purpose of anticipating the collection of the second 
and succeeding installments provided for in this act, it shall be law- 
ful for such cities as aforesaid to issue bonds, and retire the same, 
in accordance with the provisions and regulations of "An act of the 
General Assembly of the State of Illinois, entitled, 'An act concern- 
ing local improvements,' " approved June 14, 1897, in force July 1, 
1897. 



Approved April 24, 1899. 



100 CITIES AND VILLAGES. 



PAEKS. 



I 1. Cities of not exceeding' 5,000 inhabi- 
tants may acquire land for public 
parks — Question submitted to vote. 



Authorizes the borrowing- of money, 
levying and collecting general taxes 
for park purposes. 



An Act to enable certain cities to provide and maintain public 
parks for the use of the inhabitants thereof 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That all cities of not ex- 
ceeding five thousand inhabitants in this State be, and they are hereby, 
authorized to acquire by purchase or otherwise lands in or adjoining 
the same for the purpose of providing public parks therein for the 
use of the inhabitants thereof and may inclose, improve and main- 
tain any such public park and regulate the use thereof by ordinance: 
Provided, that no money shall be expended for the purchase of any 
land for said purpose until the question of the expenditure of such 
money for said purpose shall have been submitted to a vote of the 
people of such city at an election for city officers, or at a special elec- 
tion called for that purpose by the city council of said city, and shall 
have received the majority of the votes cast at such election. 

§ 2. Such cities may borrow money, levy and collect a general 
tax for the said purpose in the same manner as for the purpose of 
purchasing and maintaining water works under the law of this State 
and may appropriate money for the same. 

Approved April 24, 1899. 



POLICE MAGISTRATES. 

§1. Legalizes acts of certain police magis- I I 2. Emergency, 
trates. > 

An Act to legalize the acts of police magistrates in counties of the 
the first and second class. 

Whereas, By section 29, article 6, of the constitution of Illinois, 
1870, it is provided that all judicial officers shall -be commissioned by 
Governor; and 

Whereas, By a misunderstanding and misconception of the law 
certain police magistrates have filed their bonds with the city clerk 
of their city, and the mayor of said city has issued to them a com- 
mission ; 

Whereas, The said police magistrates have entered upon the duties 
usually pertaining to such office and did from thenceforth continue 
in supposed legal possession of such office, transacting such business 
as came before them; and 

Whereas, There came before the said police magistrates so acting, 
many proceedings whereby many titles to real estate and other valu- 
able property rights and other rights were acquired and divested; 
therefore 



CITIES AND VILLAGES. 101 



Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That all judgments, acts, 
and things done by said supposed police magistrates which would 
have been legal if done or performed by legally elected, qualified and 
commissioned police magistrates, and which have not been set aside, 
modified or vacated, are hereby legalized and validated as fully and 
perfectly and to all intents and purposes as if said police magis- 
trates had regularly filed their bonds and been duly commissioned by 
the Governor. And that the election and qualification of such police 
magistrates are hereby legalized. 

§ 2. Whereas, an emergency exists by reason of said police magis- 
trates not having been duly qualified and commissioned, whereby 
many titles to real estate and other valuable property rights and other 
rights became and are unsettled, therefore this act shall take effect 
and be in force from and after its passage. 

Approved April 24, 1899. 



POLICE PENSION FUND. 



? 1. Amends section 3 of the Act of 1887. 



§ 3. Eligibility to pension— twenty years' 
service- unmarried widow and chil- 
dren under sixteen entitled to pen- 
sion. 



An Act to amend "An act to provide for the setting apart, forma- 
tion and disbursements of a police pension fund in cities, villages 
and incorporated towns," approved April 29, 1887, in force July 
1, 1887. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 3 of "An act 
to provide for the setting apart, formation and disbursements of a 
police pension fund in cities, villages and incorporated towns," ap- 
proved April 29, 1887, in force July 1, 1887, be amended so as to read 
as follows: 

§ 3. Whenever any person at the time of taking effect of said act 
to which this is an amendment, or thereafter shall be duly appointed 
and sworn, and have served for the period of twenty years or more 
upon the regular constituted police force of said city, village or town 
of this State subject to the provisions of this act, said board shall 
order and direct that such person, after becoming fifty years of age 
and his services upon such police force shall have ceased, and all offi- 
cers entitled to and having been pensioned under said act to which 
this is an amendment, after the taking effect of this act, shall be paid 
from such a fund a yearly pension equal to one-half the amount of 
the salary attached to the rank which he may have held on said police 
force for one year next preceding the expiration of said term of 
twenty years. And after the decease of such member, his widow or 
minor child or children under sixteen years of age, if any surviving 
him. shall be entitled to the pension provided for in this act of such a 
deceased husband or father, but nothing in this or any other section 



102 CITIES AND VILLAGES. 



of this act shall warrant the payment of any annuity to any widow 
of a deceased member of such police department after she shall have 
remarried. 

That all acts or parts of acts in conflict with the provisions of this 
act are hereby repealed. 

Approved April 24, 1899. 



PROTECTION OF SITES AGAINST INUNDATION. 
I 1. Repeals Act of 1883. 

An Act to repeal an act entitled "An act to authorize cities, towns 
and villages to protect the site thereof from overflow and inunda- 
tion, and to regulate and control private levees, private wharves 
and landing places or embankments, and to compel the repair and 
improvement of such levees or embankments, and to cause low lots, 
blocks or parcels of land within corporate limits to be filled so as 
to prevent standing water thereon, and to authorize cities, towns 
and villages to purchase or condemn land, sandbanks, gravel 
pits and rock quarries for any of the purposes above named,"" ap- 
proved and in force Mat/ 19, 1883. 

Section 1, Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That an act entitled, "An 
act to authorize cities, towns and villages to protect the site thereof 
from overflow and inundation, and to regulate and to control private 
levees, private wharves and landing places or embankments, and to 
compel the repair and improvement of such levees or embankments, 
and to cause low lots, blocks or parcels of land within the corporate 
limits to be filled so as to prevent standing water thereon, and to 
authorize cities, towns and villages to purchase or condemn land, 
sandbanks, gravel pits and rock quarries for any of the purposes 
above named," approved and in force May 19, 1883, and the same is 
hereby repealed. 

Approved April 24, 1899. 



CITIES AND VILLAGES. 



103 



PUBLIC BUILDINGS DAMAGED BY CYCLONE. 



2 3. Tax to be paid to city treasurer- 
cumulations invested by council. 

I i. Emergency. 



$ 1. City council empowered to levy a spe- 
cial tax to rebuild or repair public 
buildings destroyed or impaired by 
cyclone. 

§2. When city decides to rebuild or repair 
it shall do so by ordinance— contents 
of ordinance— proviso. 

An Act to authorize cities whose public buildings have been or may 
be destroyed or impaired by cyclone or tornado to levy a tax to 
pay the cost of rebuilding or restoring such building. 

Section 1. Be it enacted by the People of the Stale of Illinois, 
represented in the General Assembly: That the city council in. 
any city whether organized under the general law or special charter, 
in which the city hall, city jail or police station, fire department 
house or houses, or public library, or all of them, have been de- 
stroyed or seriously impaired by cyclone or tornado since Jan. 1, 
1896, or shall hereafter be so seriously impaired or destroyed, shall 
have power in order to rebuild or restore any such building, or all 
of them, thus seriously impaired or destroyed, to levy an annual tax 
for not exceeding ten successive years of not exceeding five mills on 
the dollar en all the taxable property in any such city, such tax to 
be levied and collected in like manner with the general taxes of said 
city and to be known as the public building, rebuilding or restora- 
tion fund: Provided, that said annual public building, rebuilding 
or restoration tax shall not be included in the aggregate amount of 
taxes as limited by section one (1) of article eight (8) of "An act 
for the incorporation of cities and villages," approved April 10, 1872, 
and the amendatory acts thereto, or by any provision of any special 
charter under which any such city in this State is now organized. 

§ 2. When any such city as designated in section one (1) of 
this act shall decide to rebuild or restore any such building, or all 
of them, in consequence of their destruction or serious impairment 
by cyclone or. tornado it shall do so by ordinance of its city council, 
in which ordinance it shall be also stated the number of years, not 
exceeding ten, such annual public building, rebuilding or restoration 
tax shall be levied, and the number of mills not exceeding five, on 
the dollar of said taxable property. Said tax shall be included in 
the annual appropriation and tax levy ordinances of any such city 
for the years that it can be levied under the provisions of this act: 
Provided, that if any city has already taken steps or action to re- 
build or restore any of its city buildings seriously impaired or de- 
stroyed by cyclone or tornado as aforesaid, it shall be no bar or 
hindrance to its availing itself of the benefits of this act. but may 
modify such steps or actions to a substantial compliance with the 
requirements hereof. 

§ 3. All moneys received as proceeds from said public building, 
rebuilding or restoration fund tax shall be deposited in the city treas- 
ury of any such city to the credit of said fund, shall be kept separate 



104- . CITIES AND VILLAGES. 



and apart from other moneys of such city, and shall not be used or paid 
out for any other purpose whatsoever than that of paying the cost of, 
or obligations for, rebuilding or restoring public buildings seriously 
impaired or destroyed by cyclone or tornado in such city as afore- 
said until all of said cost or obligations shall have been discharged: 
Prodded, that if said moneys can not be used annually to pay said 
cost or obligations, but shall accumulate, the city council may invest 
said moneys as they shall come into the treasury in good interest- 
paying securities, there to remain until the same are needed for the 
payment of the cost of or obligations for the rebuilding or restora- 
tion of public buildings in said city under the provisions and author- 
ity of this act. 

§ 4. Wheeeas, in some cities in which the public buildings have 
been destroyed by cyclone or tornado their annual appropriation or- 
dinance has to be enacted before July 1, wherefore an emergency 
exists, therefore this act shall be in force from and after its passage. 

Approved April 24, 1899. 



WATER WOEKS. 



\ 1. Authorizing cities, towns and villages 
to acquire water works— certificates 
in payment for — rate of interest. 

§ 2. Ordinance— publication of— petition 
against — election — tinie for second 
ordinance. 

I 3. Water fund— how used. 



CONSTRUCTION OR PURCHASE. 

I 4. Certificates secured by mortgage. 



§ 5. Foreclosure proceedings— sale — sys- 
tem reconveyed to municipality when 
decree is satisfied. 

I 6. Competing systems prohibited— ex- 
tension of. 

I 7. Confers additional powers. 



An Act authorizing cities, towns and villages to build, purchase or 
extend water works systems for public and domestic use and to 
provide for the cost thereof. 

Section 1. Be it enacted by the People of the Stcde of Illinois, 
represented in the General Assembly: Every city, incorporated 
town and village in this State, is hereby authorized to acquire water 
works for supplying water for public use, and for domestic use of its 
inhabitants by building or purchasing a water works system or en- 
larging or extending an existing system. In payment for such 
building, purchase or enlargement any such municipality may issue 
certificates of indebtedness limited in their payment solely to the 
water fund hereinafter provided for; such certificates may bear in- 
terest at a rate of not; exceeding six per centum per annum, payable 
semi-annually, and shall only be issued at not less than par value in 
payment for the building, purchase or extension of a water works 
system. 

§ 2. Any such municipality desiring to avail itself of the pro- 
visions of this act shall first pass an ordinance fixing in a general 
way the capacity of the water works system it is proposed to acquire, 



CITIES AND VILLAGES. 105 



and referring to the plans and specifications therefor which shall be 
open to the inspection of the public; which said ordinance shall fix 
the rates at which water is to be supplied for all private purposes, 
and said rates so fixed, shall not thereafter be reduced until the cer- 
tificates issued for acquiring or enlarging the water works, and the 
interest thereon, are fully paid. Which said ordinance shall be pub- 
lished in a newspaper published in such municipality at least once 
in each week for three successive weeks. And if no petition shall be 
filed with the clerk of such municipality as hereinafter provided, 
within twenty-one days after the first publication of said ordinance, 
then the corporate authorities may proceed to carry out the pro- 
visions of the ordinance. But if within said period of twenty-one 
days there shall be filed with the clerk of such municipality a j)eti- 
tion, signed by twenty per cent of the number of voters voting for 
presiding officer of the legislative body of such municipality at the 
next preceding general city, town or village election, asking that the 
question of acquiring or enlarging a water works system be sub- 
mitted to a vote. It shall then be the duty of the legislative body 
of such municipality to call a special election in the manner pro- 
vided by law to vote upon such question, and if it appear that a 
majority of the voters voting upon such question at such election 
vote in favor of acquiring or enlarging the water works, then said 
ordinance shall be in full force and effect and the corporate author- 
ities may proceed to carry out the provisions thereof, but if a majority 
of the votes cast are against such acquiring or enlarging, then said 
city, incorporated town or village shall proceed no further for the 
period of six months next ensuing., 

§ 3. Whenever any such municipality shall avail itself of the 
provisions of this act, the entire proceeds arising from the operation 
of the water works system thereof shall be paid into a fund known 
as the "water fund" and which fund shall be and remain inviolate 
until the certificates issued under the terms hereof and the interest 
thereon is fully paid, and the treasurer of such municipality shall 
not pay any warrants drawn on said fund unless the same be drawn 
in payment of the necessary operating expenses of such water works 
system, or in payment of the certificates issued hereunder or the in- 
terest thereon. 

§ 4. In order to secure in the most ample manner the payment of 
the water certificates authorized as aforesaid, any such municipality 
may convey by way of mortgage or deed of trust the water works 
system so acquired or enlarged which said mortgage or deed of trust 
shall be acknowledged and recorded in the same manner as mort- 
gages of real property, and which mortgage or deed of trust may 
contain such provisions and conditions as are reasonably necessary 
to fully secure the payment of said water certificates. 

§ 5. Whenever, and as often as default shall be made in the pay- 
ment of water certificates issued as aforesaid, and such default shall 
continue for the space of ninety days, it shall be lawful for said 
mortgagee or trustee to declare the whole of the principal and inter- 
est of such certificates at once due and payable, and proceed to 



106 CITIES AND VILLAGES. 



foreclose the same in any court of competent jurisdiction, and in any 
decree to be rendered in such suit of foreclosure there shall be in- 
cluded a reasonable solicitor's fee for the complainant's solicitor, and 
such decree shall fix reasonable rates for water furnished from said 
water works system for public uses during the time that such muni- 
cipality shall be deprived of the possession thereof as hereinafter 
provided, and upon any sale under such decree of foreclosure the 
person or corporation offering to satisfy said decree for the rents, in- 
comes and profits of said water works system for the least number of 
years not exceeding fifty, shall become the purchaser thereof, and 
on satisfying said decree shall be let into the use, occupation and 
enjoyment of said water works system during the period of time for 
which the same were sold, and during such period such purchaser or 
assigns shall be entitled to receive and collect for water furnished 
for private uses the rates prescribed in the ordinance provided for in 
section 2 of this act, and shall be entitled to receive and collect the 
reasonable rates fixed for the j)ublic uses of water in such decree. 
At the end of said period said purchasers or assigns shall deliver said 
water works system to such municipality in as good condition as 
when the same was received, ordinary wear and tear excepted. 

§ 6. During the period of time when the purchaser at such fore- 
closure sale shall be entitled to the use and enjoyment of said water 
works system, it shall not be competent for such municipality to 
construct or authorize any other person or corporation to construct 
a competing system of water works, nor shall it be competent for the 
purchaser at such foreclosure sale, or assigns, to extend the water 
works system so purchased, except upon such terms as such munici- 
pality may authorize. 

§ 7. This act shall be deemed and construed to confer powers in 
addition to, but not limiting, those now existing. 

Approved April 22, 1899. 



WATEE WORKS. 



PURCHASE OR LEASE. 



1. Amends section 1 of the Act of 1893: 

§ 1. Grants corporate authorities power to purchase or lease water works— ordi- 
nance for purchase or lease— publication and posting ordinance— petition for 
election — special election. 

An Act to amend Section 1 of an act entitled "An act to enable 
cities, incorporated towns and villages to purchase or lease water 
works" approved June 19, 1893. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section 1 of an act 
entitled "An act to enable cities, incorporated towns and villages to 
purchase or lease waterworks," approved June 19, 1893, be, and the 
same hereb}^ is, amended so as to read as follows: 



CITIES AND VILLAGES. 107 



§ 1. That in all cities, incorporated towns and villages where 
waterworks are now constructed, or may hereafter be constructed by 
any person or incorporated company, the city, town or village 
authorities in such cities, towns or villages may purchase or lease 
[such] waterworks from the owner or owners of the same: Provided, 
however, that before such leasing or purchase shall be binding upon 
said city, incorporated town or village, the city council or the board 
of trustees shall pass an ordinance including the terms of such lease 
or purchase, which ordinance shall be published in a newspaper pub- 
lished in said city, incorporated town or village at least once in each 
week for two successive weeks, and said ordinance shall be posted 
for a period of not less than ten days in at least five public places in 
such city, incorporated town or village. 

And if no petition shall be submitted to said city council or board 
of trustees as hereinafter provided within twenty-one days after said 
ordinance is so published and posted, it shall be lawful for said city 
council or board of trustees to consummate the leasing or purchase 
provided for in the ordinance aforesaid. But if within said period 
of twenty- one days, there shall be presented to said city council or 
board of trustees, a petition signed by twenty per cent of the num- 
ber of voters voting at the last general city, town or village election 
asking that the question of such leasing or purchase shall be sub- 
mitted to a vote, it shall then be the duty of the city council or board 
of trustees by ordinance to call a special election as may be provided 
by law to vote upon the question of said lease or purchase, and if it 
appear that a majority of such voters voting upon such question, at 
such election, vote in favor of such leasing or purchase, then said 
city council or board of trustees shall proceed to complete said leas- 
ing or purchase; but if a majority of the votes cast are against such 
leasing or purchase then said city, incorporated town or village shall 
proceed no further with said leasing or purchase for the period of six 
months next ensuing. 

Approved April 24, 1899. 



108 



CITIES AND VILLAGES. 



WATER WORKS. 



TAXATION AND BONDS. 



§ 1. Authorizes annual tax for purchase or 
construction of water works. 

I 2. Proceedings of council or village board 
contracting for water works to be 
published. 

§ 3. Election ratifying doings of council — 
notice of election — three-fourths of 
all votes cast necessary for ratifica- 
tion, 

§ 4. City councils and village boards to exe- 
cute contract, and employ all neces- 
sary help to operate the plant. 

I 5. Bonds — issuing — how paid. 



I 6. Maturity of bonds — payment of install- 
ments — interest— bonds not to be sold 
for less than par. 

1 7. Form of bond. 

2 8. Water rates and rents fixed by city 

council or village boards — rentals in 
connection with special tax must pay 
bonds, interest, operating expenses 
and repairs. 

I 9. Water district — manner of creating. 

I 10. Confers additional powers on city 
councils and village boards. 



water 

giving 



An Act to enable cities and villages to buy or construct 
works, and to provide for the management thereof, and 
them authority to levy an annual tax and to pledge same in pay 
ment therefor. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That cities and villages 
shall have the power to levy, in addition to the taxes now authorized 
by law, a direct annual tax of not more than one cent on the dollar 
upon all the property within the corporate limits of the city or village, 
said tax to be payable yearly for a period of not more than thirty 
years; the proceeds of said tax to be used solely for the purchase or 
construction of water works. 

§ 2. Whenever any city or village desires to avail itself of the 
provisions of this act, the city council or the board of trustees, as 
the case may be, may by ordinance or resolution contract for the 
purchase or erection of water works for a provisionally certain fixed 
sum, or may so contract for purchase and extension if the plant 
proposed to be purchased shall be inadequate, and such contract for 
erection or purchase, together with a report from the city or village 
engineer recommending the same, shall be published at least once a 
week for three consecutive w T eeks in a daily or weekly newspaper 
published in said city or village, and shall at the same time provide 
by resolution or ordinance for the levying of a direct annual tax as 
authorized in section 1 of this act, the total of which said tax for the 
term levied, together with the annual revenue which is estimated to 
be derived from the works, shall be sufficient to pay the contract 
price for the works, together with interest on same; but such con- 
tract for purchase or erection, and such tax, shall not be valid or 
binding until confirmed by vote, as follows: 

§ 3. Such contract and tax, after action by the council or trustees 
aforesaid, shall, before they shall be valid and binding, be submitted 
for ratification to the voters of of the city or village at a regular or 
special election by giving notice of same, which notice shall specify 
the character of the said works proposed to be erected or purchased 



CITIES AND VILLAGES. 109 



and the amount of tax to be levied, and said notice shall be posted 
in ten public places within such city or village at least three weeks 
prior to said election, and also by publication three times in a daily 
or weekly newspaper published in said city or village, and for three 
weeks preceding such election there shall be on file in some public 
place, covenient of access, a full description of works, copy of con- 
tract and report of engineer, for the inspection of the voters, and 
notice of where said plans and specifications are on file shall be in- 
cluded in the notice of election. If three-fourths of all the voters 
voting on said proposition shall vote in favor of said contract and 
tax, the same shall be binding and the tax duly levied. The ballots 
at such election shall read: 



'Proposition to construct or purchase (or both) water 

works and levy a tax of annually for 

years." 



Yes. 



No. 



§ 4. The city council in cities and the board of trustees in villages 
shall have the power to carry into execution the contract for the 
erection or purchase of water works when ratified by the voters, as 
directed in section 3, and employ a superintendent and such other 
employes as may be necessary and proper for the operation of such 
works for the collection of water rentals and for the conduct of the 
business necessary to the operation thereof. 

§ 5. The city council in cities and the board of trustees in villages 
shall have the power to issue bonds against the taxes levied, the same 
to be payable only out of said special tax when collected and out of 
the net revenue derived from the operation of said works. 

§ 6. The said bonds shall be made to mature in as nearly as possi- 
ble equal installments of one hundred dollars, or multiples thereof, 
the first installment to be payable one or two years from date, the 
last installment within one year after date of the last tax levy pro- 
vided in the vote authorizing said levy. The bonds shall bear interest 
at a rate not to exceed six per cent, payable annually or semi-annually, 
shall be sold for not less than par, or may be paid out at not less than 
par for the construction or purchase of said works. 

§ 7. Said bonds shall be substantially in the following form: 

The city or village of , county of , State 

of Illinois, for value received hereby promises 'to pay the bearer 

hundred dollars, lawful money of the United States of 

America, on the day of A. D , together 

with interest thereon at the rate of per centum per annum. 

payable annually on the day of A. D 

Both principal and interest payable at the 

This bond is one of a series of bonds amounting to 

dollars, issued by ordinance of the city (or village) of , 

and is payable solely out of funds derived from special tax levy and 



110 CITIES AND VILLAGES. 



net revenue of the water works of the city (or village) of ; 

the erection or purchase of said works and levy of said tax having 

been authorized at an election legally called and held on the 

day of A. D .••••; and out of no other funds. 

And it is hereby recited that all acts, conditions and things precedent 
to and in the issuance of this bond have been properly done, happened 
and performed in regular and due form as required by law. 

In testimony whereof the city council (or board of trustees) has 
caused this bond to be signed by the mayor (or president) and 
countersigned by the clerk, and caused the seal of the city (or village) 
to be affixed this day of A. D 

, Mayor. 

, Clerk. 

Coupons representing the interest shall be attached thereto, which 
may be signed or bear the lithographed signature of the clerk of 
said city or village. 

§ 8. The board of trustees or city council shall from time to time 
fix the water rentals or rates to be charged for the furnishing of water, 
and such shall be made sufficient, together with the proceeds of the 
special tax provided by the act to pay at maturity the interest and 
principal of bonds issued under the provision of the act, and also 
for the proper maintenance and operation of such works, the proper 
and necessary extension thereof, and for all repairs thereon. 

§ 9. Any two or more villages or cities adjacent to each other 
may elect by ordinance to create a water district, said district to be 
governed by a board of trustees composed of the joint city councils 
or village boards of each and every such city and village, which said 
board of trustees shall have the power given to city councils or 
boards of trustees in this act, and said water district shall be a body 
corporate to carry out the provisions of the act, but notice of any 
election held by such water district under this act shall be given in 
each and every city or village combining into the district, and if the 
election shall not carry by three-fourths of all voters voting in each 
city or village in said district, then the proposed contract and tax 
shall be considered to have failed of ratification and to be void. 

§ 10. This act shall be considered as conferring additional power 
on city councils and boards of trustees, and as in addition to and not 
limiting powers now given cities and villages, city councils and 
boards of trustees by law. 

Approved April* 19, 1899. 



CORPORATIONS. 



Ill 



CORPORATIONS. 



ANNUAL REPORT TO THE SECRETARY OF STATE. 



§ 1. Requiring corporations to report annu- 
ally to Secretary of State— exceptions 
—fee for filing. 

? 2. Secretary of State to mail blanks. 



§ 3. 



Report to be signed and sworn to by 
officers of corporation or assignee. 



\ 4. Cancellation of articles of incorpora- 
tion for failure to report in 60 days. 

1 5. Secretary of State to send certified 

copy of reports to recorders of deeds. 

2 6. Repeals all inconsistent acts. 



An Act requiring corporations to moke annual report to the Secre- 
tary of State and providing for the cancellation of articles of incor- 
poration for failure to do so. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That every incorporated 
company, other than railroad, banking, building and loan, and insur- 
ance companies, existing by virtue of any general or special law of 
this State, or hereafter organized by virtue of any law of this State, 
shall annually, between the fifteenth day of August and the first day 
of September, report to the Secretary of State the location of its 
principal business office in this State, with town, street and number, 
and the kind of business then engaged in; the names of its officers 
and directors or managers, their residence with town, street and 
number and the date of the expiration of their respective terms of 
office; and whether it is pursuing an active business under its char- 
ter; which report, together with a fee of one dollar for filing same, 
shall be sent to the Secretary of State, in whose office said report 
shall be filed. 

§ 2. The Secretary of State is hereby required, on or before the 
fifteenth day of August in each year, to send by mail to every cor- 
poration described in section one of this act, of which he has cogni- 
zance, blanks to be used in making the report provided for in this 
act; but no corporation to which this act applies shall be held to be 
excused from making the report herein required by reason of failure 
to receive the blanks provided to be supplied by the Secretary of 
State. 

§ 2. Said report shall be signed and sworn to before an officer 
authorized to administer oaths, by the president or secretary of said 
corporation, under the seal thereof. And in case said corporation is 
in the hands of an assignee or receiver, then such report shall be 
signed and sworn to by said assignee or receiver. 

§ 4. Every corporation to which this act applies, failing within 
sixty days from September first in each year to make the report 
herein provided for, shall be entered as delinquent in a record kept 
for that purpose, and the Secretary of State shall at the earliest 



112 CORPORATIONS. 



practicable date therefrom send by mail to such corporation and to its 
officers and directors at their last known addresses, as shown by the 
records in the office of the Secretary of State, a notice that it is de- 
linquent in the matter of making report as herein provided, together 
with blanks to be used in making such report, and a failure on the 
part of such corporation to make said report within thirty days from 
the mailing of said notice, shall be prima facia evidence that the 
corporation is defunct and out of existence, and the Secretary of 
State shall enter upon the records of his office the cancellation of the 
articles of incorporation of such corporation. 

§ 5. The Secretary of State is hereby required to annually, as 
soon as a complete list of corporations authorized to do business 
under the laws of the State of Illinois is obtainable, to send to the 
recorder of deeds in each of the several counties in this State a cer- 
tified copy of said list of corporations together with the names of 
their officers and directors or managers, the location of its principal 
business office in this State, with town, street and number, which 
list shall be by the said recorder of deeds filed away in their respec- 
tive offices for public reference. 

6. All acts and parts of acts inconsistent with this act, are 



hereby repealed. 
Approved April 21, 1899. 



BUILDING, LOAN AND HOMESTEAD ASSOCIATIONS. 

\ 1. Amends sections 1,3,6a and 6c of the Actfof 1879: 

§ 1. License — how obtained. 

§ 3. Organization completed. 

I 6a. Capital to be accumulated — divided into shares. 

I 6c. Member may repay loan by giving 30 days' notice — date of settlement — partial 
payments. 

An Act to amend an act entitled "An act to enable associations of 
persons to become a body corporate to raise funds to be loaned 
only among the members of such association,^ in force July 1, 
1879, and various acts amendatory thereof, by amending Section 
1, Section 8, Section 6a and Section 6c. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That an act entitled, "An 
act to enable associations of persons to become a body corporate to 
raise funds to be loaned only among the members of such associa- 
tion,'' in force July 1, 1879, and various acts amendatory thereof, be, 
and the same is hereby, amended by amending section 1, section 3, 
section 6a and section 6c, to read as follows, to-wit: 

§ 1. License — How Obtained.] That whenever any number of 
persons, not less than five (5), may desire to become incorporated as 
a mutual building, loan and homestead association, for the purpose 
of building and improving homesteads and loaning money to the 



CORPORATIONS. 113 



members thereof only, they shall make a statement to that effect 
under their hands and seals, duly acknowledged "before some officer 
in the manner provided for the acknowledgment of deeds. Such 
statement shall set forth the name of the proposed association, the 
capital stock to be accumulated, its location and the duration of the 
association, which statement shall be filed in the office of the Audi- 
tor of Public Accounts. The Auditor of Public Accounts shall there- 
upon issue to such persons a license as commissioners to open books 
for subscription to the shares of stock of said association at such time 
and place as they may determine, but no license shall be issued to 
two associations having the same or a similar name. 

§ 3. Organization Completed.] The commissioners shall make 
a full report of their proceedings, including therein a copy of the 
notice provided for in the foregoing section, a copy of the subscrip- 
tion list, a copy of the by-laws adopted by the association, and the 
names of the directors elected and their respective terms of office, 
which report shall be sworn to by at least a majority of the commis- 
sioners and shall be filed in the office of the Auditor of Public Ac- 
counts, and the Auditor of Public Accounts shall submit said by-laws 
to the Attorney General, who shall report whether such by-laws con- 
form to the requirements of this act, and if approved by the Attorney 
General, the Auditor of Public Accounts shall thereupon issue a cer- 
tificate of the complete organization ot the association, making a part 
thereof a copy of all papers filed in his office in and about the organ- 
ization of the association, duly authenticated under his hand and seal 
of office; and the same shall be recorded in the office of the recorder 
of deeds in the county in which the principal office of the association 
is located. Upon the recording of said copy the association shall be 
deemed fully organized and ma}' proceed to business. 

Unless associations shall organize and proceed to business as pro- 
vided in this act within two years after the date of such license, the 
license shall be deemed revoked and all proceedings thereunder void. 
All subsequent amendments or alterations of said by-laws shall be sub- 
mitted to the Auditor of Public Accounts and approved by the 
Attorney General,, and be recorded in like manner as the original by- 
laws before the same shall become operative; and only such by-laws 
as shall have been submitted, approved and recorded as herein pro- 
vided shall be deemed operative. 

§ 6a. Capital to be Accumulated.] The capital to be accumu- 
lated shall be divided into shares having a maturity value of one 
hundred dollars each. The shares shall be deemed to be personal 
property in the hands of the members, transferable upon the books 
of the association in. the manner provided in the by-laws. The shares 
may be issued in such periodical series and at such time or times as 
the by-laws shall designate. The shares in each series may, if the 
by-laws shall so provide, be subdivided into classes, each class hav- 
ing a different fixed periodical payment of dues of not to exceed the 
sum of two dollars per share per month, payable in such manner and 
at such time or times as the by-laws shall provide. Every share shall 
be subject to a lien for the payment of unpaid installments and such 
-8 



\ 

114 CORPORATIONS. 



other charges as may be lawfully incurred thereon under the pro- 
visions of this act, and the by-laws may prescribe the manner of en- 
forcing such lien. The payment of such dues shall continue on each 
share until the same shall have reached maturity value, or is with- 
drawn or retired. All shares which have matured, or which shall 
have been canceled, withdrawn or retired may be reissued in any 
subsequent series. 

All shares heretofore issued by any association upon which install- 
ments have been paid in advance, together with the interest allowed 
or paid thereon, are hereby legalized and validated. 

§ 6c. Any member who shall have obtained a loan or advance on 
his shares, and who shall have given real estate as security, may at 
any time upon giving thirty days' previous notice in writing, repay 
the same. On settlement such member shall be charged with the 
full amount of such loan or advance, together with any and all arrear- 
ages due thereon, or on the shares pledged or appertaining to the 
security given, and shall thereupon be allowed as a credit the with- 
drawal value of the shares pledged as security, together with such 
other credits as may be returnable on account thereof, and the bal- 
ance shall be received by the association in full settlement and dis- 
charge of such loan or advance: Provided, that all settlements 
made in periods intervening between stated monthly meetings of the 
directors shall be made as of the date of the stated monthly meeting 
next succeeding any such settlement: Provided also, that any 
member electing to repay his loan or advance may, in lieu of repay- 
ing the same in full, elect to repay the same in part in even hundreds 
of dollars in cash, or he may elect to have applied as a credit on the 
amount due upon such loan or advance the then withdrawal value of 
the shares upon which such loan or advance may then be predicated; 
and thereupon the said shares shall be and become canceled in the 
proportion of one share for each one hundred dollars so applied as a 
credit; and the remaining uncanceled shares shall be transferred to 
and held as advanced or pledged shares of the then current series or 
date, and the obligation evidencing such loan or advance, and the 
mortgage or other security given to secure the same, shah not in any- 
wise be prejudiced by any such transfer, whether such transfer shall 
have been provided for in the obligation evidencing such loan or 
advance and the mortgage securing the same or not; and after the 
application of every such credit the amount of such loan or advance 
shall forthwith be and become reduced in accordance with the amount 
so applied as a credit, and such advanced shareholder shall not 
thereafter be held liable for any greater amount than shall be remain- 
ing due after the application of such credits, except for arrearages 
and penalties occasioned by the shareholder's own default. 

Approved April 24, 1899. 



CORPORATIONS. 



115 



CORPORATIONS AUTHORIZED TO CONFER DEGREES. 

FORMATION OF CORPORATIONS. 



Amends section 2 of the Acts of 1872 
and 1893. 



§ 2. Formation of corporations— Attorney 
General to proceed against corpora- 
tions doing: a fraudulent business in 
issuing; degrees. 

An Act to amend Section 2 of ''An act concerning corporations,'' ap- 
proved April 18, 1872. in force July 1. 1872. as amended by act 
approved June 17, 1893, in force July 1. 1893. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 2 of "An act 
concerning corporations," approved April 18, 1872, in force July 1, 
1872, as amended by act approved June 17, 1893, in force July 1, 
1893, be, and the same is hereby, amended so that the same shall 
read as follows: 

§ 2. Whenever any number of persons, not less than three nor 
more than seven, shall propose to form a corporation under this act 
they shall make a statement to that effect under their hands, and 
duly acknowledged before some officer in the manner provided for 
the acknowledgments of deeds, setting forth the name of the pro- 
posed corporation, the object for which it is to be formed, its capital 
stock, the number of shares of which such stock shall consist, the lo- 
cation of its principal office and the duration of the corporation, not 
exceeding, however, ninety-nine years, which statement shall be filed 
in the office of the Secretary of State. The Secretary of State shall 
thereupon issue to such persons a license as commissioners to open 
books for subscription to the capital stock of said coporation at such 
times and places as they may determine; but no license shall be is- 
sued to two companies having the same name: Provided, that the 
Attorney General may file a bill in chancery in the name of the 
People of the State of Illinois against any corporation authorized to 
confer degrees, diplomas or other certificate or certificates of quali- 
fication in the science of medicine, pharmacy or dentistry which con- 
ducts a fraudulent business or abuses, misuses or violates the terms 
of its charter, in any court having jurisdiction of the corporation and 
subject matter of such bill, for an injunction to restrain said corpor- 
ation from conducting its business fraudulently or abusing, misusing 
or violating the terms of its charter, and also for the dissolution of 
said corporation, and thereupon it shall be the duty of the court in 
which said bill is filed to grant such injunction and to hear and de- 
termine the same as in other cases in chancery. And, provided- 
further, that this act shall apply to schools, colleges, or universities 
which now or may hereafter be licensed in this State, notwithstand- 
any provisions that may exist in their charters. 

Approved April 21, 1899. 



116 CORPORATIONS. 



FOREIGN CORPORATIONS MAY ACQUIRE RAILROAD OR TOLL BRIDGE IN 

THIS STATE. 

I 1. Provides that a foreign corporation in possession of a railroad, or railroad and toll 
bridge, wholly or partially within this State belonging to a corporation organized 
under the laws of this State, may purchase all or any part thereof— prescribes rights, 
powers, duties and obligations of purchasing company. 

An Act concerning the rights, powers and duties of certain corpor- 
ations therein mentioned, authorizing the sale and transfer of any 
railroad, or railroad and toll bridge, and other property, fran- 
chises, immunities, rights, powers and privileges connected there- 
with or in respect thereto, of any corporation of this State to a 
corporation of another state, and prescribing the rights, powers? 
duties and obligations of the purchasing company. 

Section 1. Be it enacted by the People of the Stcde of Illinois, 
represented in the General Assembly : Whenever a corporation 
organized under the laws of another state shall be in possession of a 
railroad, or railroad and toll bridge, the whole or a part of which is 
situated in this State, belonging to a corporation organized or exist- 
ing under the laws of this State, or shall own or control all of the 
capital stock of such corporation of this State, then the corporation 
of this State may sell and convey, and such corporation of another 
state, as above mentioned, may purchase in fee -simple or otherwise, 
all of such railroad and toll bridge, or all of such railroad, or any 
part thereof, together with all the rights, powers, privileges, fran- 
chises, immunities and other property used in connection therewith 
or pertaining thereto, of the corporation of this State, upon such 
terms and conditions as may be agreed upon between the board of 
directors of the respective companies: and thereupon and thereafter 
the railroad company so purchasing shall hold in fee simple or other- 
wise and forever use and enjoy the property so purchased, and may 
exercise the powers, privileges, immunities and franchises of the cor- 
poration whose property is so purchased, and may. when necessary 
or proper, exercise in the same manner as railroad corporations of 
this State are authorized to. the power of eminent domain in acquir- 
ing lands or property necessary or convenient for the betterment- 
maintenance, extension or operation of such railroad, and for the 
construction, use and maintenance of spurs, switches sidetracks, 
depots, stations, terminals and other facilities to be used in connec- 
tion with such railroad: Provided, however, said sale and purchase 
shall be approved by the stockholders owning not less than two- 
thirds in amount of the capital stock of the respective companies- 
becoming parties to such purchase and sale, and such approval may 
be given at any annual or special meeting upon sixty days' notice 
being given to all the shareholders of the question to be acted upon 
by publication in some newspaper published in the county or coun- 
ties where the principal office or place of business of the company or 
companies existing under the laws of this State may be situated or 
located. Provided further, that the railroad company or corpora- 
tion which purchases any railroad, or railroad and toll bridge in this- 
State shall operate such railroad, or railroad and toll bridge situated 



CORPORATIONS. 117 



within this State, and hold such property situated within this State 
and the franchises so acquired, subject to all the rights, powers, 
privileges, duties and obligations prescribed by the general railroad 
laws of this State for the regulation, government, taxation or control 
of railroads organized, or which may be organized, under the laws of 
this State: And, prodded further, that this act shall not be con- 
strued so as to permit any railroad company to purchase any parallel 
or competing line of railroad in this State. 

Approved April 21, 1899. 



FEES FOR INCORPORATION. 

g 1. Amends section 1 of the Act of 1895. 

I 1. Increases fees for incorporation. 

An Act to amend Section 1 of on act entitled, "An act regarding fees 
for the incorporation and the increase of capital stock of com- 
panies and corporations in this State,' 1 approved June 15, 1895, 
in force July 1, 1895. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section 1 of an act en- 
titled, "An act regarding fees for the incorporation and the increase 
of capital stock of companies and corporations of this State," ap- 
proved June 15, 1895, be amended so as to read as follows: 

§ 1. That all companies and corporations hereafter organized 
under the laws of the State of Illinois shall pay to the Secretary of 
State, before there shall issue a license to incorporate the same, fees 
as follows: All companies having a capital stock of $2,500 and un- 
der shall pay the sum of $30, and all companies having a capital 
stock of over $2,500 and not over $5,000 shall pay the sum of $50, 
and all companies having a capital stock of over $5,000 shall pay in 
addition to the said sum of $50 the sum of $1 for each $1,000 of cap- 
ital stock over $5,000. All corporations at present organized and 
doing business under the laws of this State, or that may be organ- 
ized in the future, that may hereafter increase their capital stock, 
shall pay as a fee in addition to all other fees at present required by 
law, the sum of $1 for each $1,000 of increase of such capital stock: 
Provided, that no company now incorporated or which may be here- 
after incorporated under the laws of this State, shall acquire a 
franchise by increase of capital stock to $5,000 for a less sum than 
$50, and over $5,000, in addition to the said sum of $50, the sum of 
$1 for each $1,000 increase of capital stock, and $1 for riling certifi- 
cate of such increase: And, provided further, that this act shall not 
apply to corporations incorporated under the law providing for the 
incorporation of homestead associations and building and loan asso- 
ciations, nor to religious associations, nor corporations not for 
pecuniary profit. 

Approved April 24, 1 393, 



118 



CORPORATIONS. 



FOREIGN CORPORATIONS. 



1. Amends Act of 1897 
2. 



To maintain a public office in this State 
—to designate some person on whom 
legal process may be had— mortgages. 



§ 3. Incorporation papers filed with Secre- 
tary of State— incorporation fees. 

I 4. Penalty for failure to comply with pro- 
visions of this act — duties of Secre- 
tary of State. 

An Act to amend an act entitled, "An act to require every foreign 
corporation doing business in this State to have a public office or 
place in this State at which to transact its business, subjecting it 
to a certain condition,, and requiring it to file its articles or char- 
ter of incorporation with the Secretary of State, and to pay cer- 
tain taxes and fees thereon," approved May 26, 1897, in force July 
1, 1897. 

Section 1. Be it enacted by the People of the State of Illinois? 
represented in the General Assembly: That an act entitled, "An 
act to require every foreign corporation doing business in this State 
to have a public office or place in this State at which to transact its 
business, subjecting it to a certain condition, and requiring it to file 
its articles or charter of incorporation with the Secretary of State, 
and to pay certain taxes and fees thereon," be, and the same is 
hereby, amended to read as follows: 

§ 2. Every corporation for pecuniary profit formed in any other 
State, territory or country, before it shall be authorized or permitted 
to transact business in this State, or to continue business therein, if 
already established, shall designate some person as its agent or rep- 
resentative in this State on whom service of legal process may be 
had if desired; shall have and maintain a public office or place in 
this State for the transaction of its business, and where proper books 
shall be kept to enable such corporation to comply with the consti- 
tutional and statutory provisions governing such corporation; and 
such corporation shall be subjected to all liabilities, restrictions and 
duties which are or may be imposed upon corporations of like char- 
acter organized under the general laws of this State, and shall have 
no other or greater powers. And no foreign corporation established 
or maintained in any way for pecuniary profit of its stockholders or 
members shall engage in any business other than that expressly 
authorized in its charter, or the laws of this State under which it 
may come, nor shall it hold any real estate except such as may be 
necessary and proper for carrying on its legitimate business. And 
no corporation incorporated under the laws of any other state, terri- 
tory or country, doing business in this State, shall be permitted to 
mortgage, pledge or otherwise encumber its real or personal property 
situated in this State to the injury or exclusion of any citizen or 
corporation of this State who is a creditor of such foreign corpora- 
tion. And no mortgage by any foreign corporation, except railroad 
and telegraph companies, given to secure any debt created in any 
other state, shall take effect as against any citizen or corporation of 



CORPORATIONS. 119 



this State until all its liabilities due to any person or corporation in 
this State at the time of recording such mortgage have been paid and 
extinguished. 

§ 3. Every company incorporated for purposes of gain under 
the laws of any other state, territory or country, now or hereafter 
doing business within this State, shall file in the office of the Secre- 
tary of State a copy of its charter or articles of incorporation, or in 
case such company is incorporated merely by a certificate, then a 
copy of its certificate of incorporation, duly certified and authenti- 
cated by the officer who issued the original, or by the recorder or 
registrar of the office in which said original charter, articles or cer- 
tificate may have been recorded. Such corporation, by its president, 
secretary or any officer thereof, shall make and forward to the Sec- 
retary of State, with the articles or certificate above provided for, a 
statement duly sworn to of the proportion of capital stock of the said 
corporation which is represented in the State of Illinois by its prop- 
erty located and business transacted therein and such statement shall 
further show the name and address of the agent or representative of 
said corporation in this State; and such corporation shall be required 
to pay into the office of the Secretary of this State, upon the pro- 
portion of its capital stock represented by its property and business in 
Illinois, fees equal to those required of similar corporations formed 
within and under the laws of this State. Upon a compliance with the 
above provisions by said corporation, the Secretary of State shall give a 
certificate that said corporation has duly complied with the laws of 
this State, and is authorized to do business therein, stating the 
amount of its entire capital and of the proportion thereof which is 
represented in Illinois; and such certificates shall be taken by all 
courts in this State as evidence that the said corporation is entitled 
to all the rights and benefits of this act, and such corporation shall 
enjoy those rights and benefits for the time set forth in its original 
charter or articles of association, unless this shall be for a greater 
length of time than is contemplated by the laws of this State, in 
which event the time and duration shall be the limit of time set out 
in the laws of this State. Such corporations having complied, as 
aforesaid, shall be required to promptly report to the Secretary of 
State any change in the name and address of its agent or representa- 
tive in this State, and any increase or decrease in its capital stock, 
and any increase or decrease of the proportion of its capital stock 
represented in this State by its property and business therein, by 
filing in the office of the Secretary of State a statement properly 
sworn to, setting forth the facts: Provided, that nothing in this act 
shall be taken or construed into releasing foreign loan, building and 
loan, bond investment, surety, or other corporations of like character 
from any provisions of law requiring them to make a deposit of money 
with a proper officer of the State to protect from loss the citizens of 
this State who may do business with such corporations: And, provided 
farther, that the provisions of this act shall not apply to railroad or 



120 



CORPORATIONS. 



telegraph companies which have heretofore built their line of railway 
into or through this State, nor to insurance, banking or loaning com- 
panies. 

§ 4. Every foreign corporation amenable to the provisions of this 
act which shall neglect or fail to comply with the conditions of the 
same as herein provided shall be subject to a fine of not less than 
$1,000.00, to be recovered. before any court of competent jurisdiction; 
and it is hereby made the duty of the Secretary of State, as he may 
be advised that corporations are doing business in contravention of 
this act, to report the fact to the prosecuting attorney of the county 
in which such corporation is doing business, and the prosecuting attor- 
ney shall, as soon thereafter as is practicable, institute proceedings to 
recover the fine herein provided for, and his compensation therefor 
shall be 10 per cent of the amount recovered, the remainder to be 
paid into the revenue fund of the State; in addition to which pen- 
alty, on and after the going into effect of this act no foreign corpora- 
tion as above defined which shall fail to comply with this act, can 
maintain any suit or action, either legal or equitable, in any of the 
courts of this State upon any demand, whether arising out of con- 
tract or tort. 

Approved April 22. 1899. 



PAWNERS SOCIETIES. 



I 1. Corporations— how formed. 

I 2. Organization of in cities of over 250.000 
inhabitants— capital stock, amount 
of. 

I 'A. When loans may be made — amount 
loaned to any one person. 

§ 4. Authorized to borrow money. 

? 5. Rates limited. 

§ 6. Public auction of pledges— net sur- 
plus paid pawner or pledger. 

I 7. Renewals. 

I 8. Accounts to be kept by company. 

§ 9. Corporation to do business only in 
county where organized. 



'i 11. Governor of State and mayor of city 
in which main office is situated shall 
each appoint one director— term of 
director. 

2 12. Report to be filed with Auditor of 
Public Accounts. 

I 13. Auditor of Public Accounts to have 
supervision of corporations. 

I 14. Directors appointed by Governor and 
mayor to report violations to Gov- 
ernor. 

I 15. Corporations not to have banking 
powers, receive deposits of money 
or securities, nor loan on negotiable 
instruments. 

t 16. Forfeiture of claim on pawns for ex- 
cess charges— recovery by replevin 
— forfeiture of charter and fine. 

An Act to provide for the incorporation, management and regula- 
tion of pawners societies and limit in;/ the rate of compensation to 
be paid for advances, storage and insurance on pawns ond 
pledges and to allow the loaning of money upon personal prop- 
erty. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That corporations may be 



10. Annual dividend. 



CORPORATIONS. 121 



formed under this act in the same manner as corporations for pe- 
cuniary profit under chapter 32 of the Revised Statutes,, except as 
otherwise herein provided. 

§ 2. Corporations may be organized under the provisions of this 
act in all cities of over 250.000 inhabitants., with a capital stock of 
$50,000, or over. 

§ 3. When the corporation has disposable funds it may make ad- 
vances on all goods, chattels and savings-bank deposit books offered, 
embraced within its rules and regulations, but in no case shall the 
amount loaned to any one person exceed the sum of two hundred and 
fifty dollars ($250.00). 

§ 4. Corporations organized under this act shall be authorized to 
borrow money in any amount to be used in its business, not exceed- 
ing in the aggregate the amount of its capital stock. 

§ 5. Such corporations may charge not to exceed one (1) per 
cent per month to any pawner or pledger as compensation for the 
money advanced upon such pawn or pledge, and not to exceed one- 
half (h) of one per cent per month additional for storage and insur- 
ance. 

§ 6. If the property pledged is not redeemed within the time 
fixed and agreed upon the same shall, after one year from the expira- 
tion of the time of the pledge, be sold at public auction without 
redemption, under the directions of said corporation, to the highest 
bidder for cash, at which sale said corporation may be a bidder and 
a purchaser, and the net surplus of the proceeds of such sale, after 
paying the cost of the sale and the amount due said corporation, 
shall be paid to the pawner or pledger or his legal representative or 
assigns on demand at any time within two (2) years after such sale. 

§ 7. Loans on pledges and pawns may be renewed from time to 
time, but in no case longer than one (1) year. 

§ 8. The said corporation shall keep a correct account of all 
money loaned on pawns and pledges, rate charged, the description of 
the property, and the name and address of the borrower; and the 
name and address of the borrower shall be plainly written on a card 
to be attached to all property pledged, which card shall also state the 
amount loaned, the rate charged, the date when loaned, and the 
length of time for which loanfed], and every pawner or pledger shall 
receive from the said corporation a card inscribed with its name, 
describing the article or articles pawned, the name of the pawner, 
the amount of the loan, the rate of the compensation, the date of the 
loan and the date of the expiration of the time for which the loan 
was made, and the name and the page of the book in which the same 
is recorded. 

§ 9. No corporation organized under this act shall do business in 
any other county than the one in which it is organized. 

§ 10. The said corporation may from time to time, out of the 
profits realized out of said business, declare and pay an annual divi- 
dend of not to exceed six (6) per cent on its capital stock. 



122 CORPORATIONS. 



§ 11. The Governor of the State and the mayor of the city in 
which the main office of said corporation shall be located shall each 
appoint one director, who shall not be a stockholder or employe of 
such corporation, whose term of office shall be two (2) years, unless 
sooner removed by the governor or the mayor who made the appoint- 
ment, and said directors shall have the same power and authority as 
the other directors of the corporation. 

§ 12. The president and directors of any corporation organized 
under this act shall, annually, in the month of October, rile with the 
Auditor of Public Accounts of the State a full report of the business 
of the corporation for the year expiring September 30 in each year, 
and shall give the names and the amount of shares of capital stock 
held by each stockholder of the said corporation on the said date, 
which said statement shall be under oath. 

§ 13. The Auditor of Public Accounts shall exercise all powers of 
examination and supervision of any corporation organized under this 
act which he now exercises over trust companies under the act for 
regulating the administration of trusts by trust companies, approved 
June 15, 1887, and the fees prescribed to be paid by said act shall 
apply to any corporation organized under this act. 

§ 14. Directors appointed by the govornor and the mayor shall, 
under oath, report to the Governor of the State any violations of any 
of the provisions of this act by the said corporation, or any of its 
officers or employes. 

§ 15. No corporation organized under this act shall have any 
banking power, whether of issue, deposit or discount, and shall not 
receive deposits of money, or negotiable security, nor loan money on 
commercial papers, notes, checks, drafts or other negotiable com- 
mercial instruments. 

§ 16. If any corporation organized under this act shall, as a con- 
dition of redemption, or for making the loan, or otherwise, in any 
way or for any purpose, charge to the pawner or pledger any sum in 
excess of the amount herein authorized to be charged, such corpora- 
tion shall thereby forfeit all claim to, or lien upon, such pawn or 
pledge, and it shall deliver such pawn or pledge on demand to the 
pawner or pledger, his legal representatives or assigns, and in default 
of so doing such pawner or pledger, or his legal representatives or 
assigns, may recover the possession of such pawn or pledge by the 
action of replevin, or. at his election, may recover from such corpora- 
tions the value of such pawn or pledge in an action at law therefor; 
any willful violation of this act by any corporation organized under 
it, by which any person shall suffer or sustain loss or damage shall 
forfeit its right to do business, and the Attorney General of the State 
shall take the necessary legal measures to wind up and discontinue 
its business; any directors, officer or employe of any corporation or- 
ganized under this act who shall charge, take or collect or receive 
any compensation on a loan beyond or in excess of the charges herein 
allowed, shall be guilty of a misdemeanor and be fined not to exceed 
one hundred dollars ($100.00) , or be imprisoned in the county jail for 
not more than six (6) months, or both. 

Approved March 29, 1899. 



CORPORATIONS. 123 



TRUST COMPANIES. 

§ 1. Amends section 6 of the Act of 1887: I ? 2. Emergency. 
I 6. Deposits to be. made with the 
Auditor of Public Accounts. 

An Act to amend Section six (6) of an act entitled "An act to pro- 
ride for and regulate the administration of trusts, by trust com- 
panies,'" approved June 15. 1887, in force July 1, 1887, as hereto- 
fore amended. 

Section 1. Be it enacted by the People of the Stale of Illinois, 
represented in the General Assembly : That section six (6) of an 
act entitled. "An act to provide for and regulate the administration of 
trusts by trust companies." approved June 15, 1887, in force July 1, 
1887, as heretofore amended, be. and the same is hereby, amended so 
as to read as follows. 

§ 6. Each company in all cities and towns of 100,000 inhabitants 
or more, before accepting any such appointment of deposit, shall de- 
posit with the Auditor of Public Accounts the sum of §200,000, and 
each company in all cities and towns of less than 100.000 inhabitants 
shall deposit with the Auditor of Public Accounts the sum of 
850,000, said deposits to be for the benefit of the creditors of said 
company, and to consist of bonds of the United States or municipal 
bonds of this State, or in mortgages on improved and productive real 
estate in this State, being first liens thereon, and the real estate 
being worth at least twice the amount loaned thereon. Bonds and 
securities so deposited may be exchanged from time to time for 
other securities receivable as aforesaid. Said bonds of the United 
States or municipal bonds of this State to be registered in the name 
of said Auditor officially, and all said securities to be subject to sale 
and transfer and to the disposal of the proceeds by said Auditor only 
on the order of a court of competent jurisdiction and as herinafter 
provided in section 18. So long as the company so depositing shall 
continue solvent, such company shall be permitted to receive from 
said Auditor the interest or dividends on said deposit. 

Provided, however, that when it shall appear to the Auditor of 
Public Accounts from the annual report of any such company that 
the value of the personal property and cash held and possessed by 
such company by virtue of the provisions of this act, and any amend- 
ment thereof, exceeds ten times the amount of the deposit aforesaid, 
he shall require said companies, if in cities or towns of 100.000 in- 
habitants or more, to forthwith increase said deposit to the sum of 
$500,000 in such securities, and in all cities and towns of less than 
100.000 inhabitants to forthwith increase its said deposit to the sum of 
$125,000 in such securities. And whenever it shall appear to the Audi- 
tor of Public Accounts that the amount of personal property and cash 
so held by any such company has been reduced below ten times the 
value of its original deposit above provided for, and said company is 
not in any default in its duties and obligations hereunder, he shall 
allow said company to reduce its said deposits to the sum originally 
required in this section by the withdrawal of such additional depos- 



124 COUNTIES. 



its until such time as an increase in its holdings shall again require 
an additional deposit as hereinbefore provided. No corporation 
authorized to accept and execute trusts shall either directly or in- 
directly through any officer, agent or employe of such corporation, 
certify to any bond, note or other obligation to evidence debt, 
secured by any trust deed or mortgage upon, or accept any trust con- 
cerning property located wholly or in part in this State, without com- 
plying with said act and the amendments thereto; and any trust 
deed or mortgage given- or taken in violation of the provisions of 
said act and the amendments thereto shall be null and void. 

§ 2. Whereas, the title to the act passed, approved May 7, 1897, 
and in force July 1, 1897, amending said section 6, was defective, 
therefore an emergency exists and this act shall be in force from and 
after its passage. 

Approved April 24, 1899. 



COUNTIES. 



AUTHORIZING COUNTIES TO ERECT MONUMENTS OR MEMORIAL BUILDINGS. 

I 1. Provides submitting to vote the question of erecting a monument or memorial build- 
ing at county seat— if carried county board to make appropriation and have control 
of memorial building. 

An Act to authorize counties to erect monuments or memorial build- 
ings in honor of their soldiers and sailors. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That upon the petition of 
two hundred or more legal voters of a county being filed with the 
county clerk thirty days prior to any count}^ election praying that 
the proposition of erecting or completing a monument or memorial 
building in honor of its soldiers and sailors at the county seat be 
submitted to a vote of the people of such county, such proposition 
shall be submitted to a vote of the people of such county at the next 
ensuing county election. 

Q] Such proposition shall be clearly indicated . upon the ballot, and 
two spaces left upon the margin, one for votes favoring the proposi- 
tion, to be indicated by the word "yes," and one for votes opposing 
the proposition, to be indicated by the word "no," as in the form 
herein given: 



Proposition for the erection of a monument or 
memorial building in honor of the soldiers and 
sailors of the county. 


YES. 


X 


NO. 





COUNTIES. 125 



The elector shall designate his vote by a cross mark, thus (X), and 
no ballot which has not a cross opposite the word ''yes 1 ' or no" shall 
be counted either for or against the proposition. 

If a majority of all the votes cast upon such proposition are in 
favor thereof, it shall be the duty of the county board of such county 
to within one year after such election appropriate sufficient funds to 
erect a suitable monument or a suitable memorial building and pur- 
chase a site therefor, if necessary, at the county seat, in honor of its 
soldiers and sailors. 

If a memorial building shall be erected the same shall be under 
the supervision and control. of the county board, and it shall be law- 
ful for the county board to permit such use of the building as it 
deems advisable. 

Approved April 22, 1899. 



COUNTY CLERK OF COOK COUNTY. 

I 7. Amends section 62 of the Act of 1874: 

§ 62. County clerk of Cook county ex-officio comptroller— powers and duties. 

An Act to amend Section 62 of an act entitled l 'An act to revise the 
law in relation to counties, approved and in force March 31, 1874" 
and as amended by rai act approved June 14, 1887, in force July 
1, 1887. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 62 of an act 
entitled, "An act to revise the law in relation to counties, approved 
and in force March 31, 1874." and as amended by an act approved 
June 14. 1887, in force July 1, 1887, be, and the same is hereby, 
amended so as to read as follows: 

§ 62. The county clerk of Cook county shall be clerk of the board 
of county commissioners; and all laws applicable to the county clerks 
of other counties under township organization shall be applicable to 
him. He shall, also, ex-officio, be the comptroller of the county finan- 
cial affairs, and as such shall have charge of all deeds, mortgages, 
contracts, judgments, notes, bonds, debts and chcses in action belong- 
ing to the said county, except such as are directed by law to be de- 
posited elsewhere, and shall carefully preserve the same; lie shall, 
subject to the approval of the board of commissioners, revise, audit 
and settle all accounts in which the county is concerned, either as 
debtor or creditor, or where provision for the settlement thereof is 
not otherwise provided for by law, and the settlement of which is not 
especially committed to some other authority: Provided, that no 
payment of any account so settled or adjusted shall be made except 
by the order of the county board, after approval by the finance com- 
mittee. He shall have the power, in making such settlements and 
adjustments, and for the purpose of ascertaining the true state of any 
balance or balances so due, to require any claimant or claimants to 
deposit and file with him, as such comptroller, a statement in writing, 



126 COUNTIES. 



under oath, as to any fact, matter or thing concerning the correctness 
of any account, claim or demand presented. He shall open and keep 
in a clear methodical manner a complete set of books, under the 
direction of the president of the board and the finance committee 
thereof, wherein shall be stated, among other things, the appropria- 
tions for the fiscal year for each distinct object and branch of expendi- 
ture, and also the estimated receipts from each and every source of 
revenue, so far as he can ascertain the same. Said books and all 
papers, vouchers, contracts, bonds, receipts and other things kept in 
said office, shall be subject to the examination of the president of 
the board and of the finance committee. It shall be his duty, at the 
close of each fiscal year, to place to the credit of a general fund all 
unexpended appropriations for such year, but which shall not include 
the amount required to liquidate contracts or liabilities entered into 
by virtue or authority of such appropriation, and which remain un- 
paid at the close of the fiscal year: Provided, that no such disposi- 
tion shall, be made of any trust fund or funds that by law are specific 
and under the direct control of officers specially appointed for their 
disbursements. He shall make out an annual statement for publica- 
tion on or before the first day of February in each year, giving a full 
and detailed statement of all the receipts and expenditures during 
the fiscal year. Such statement shall also detail all the liabilities 
and resources of said county, the condition of all unexpended appro- 
priations and contracts unfulfilled, and the balance of money then 
remaining in the treasurj^, with all sums due and outstanding, and 
the amounts unaccounted for, and all other things necessary to ex- 
hibit the true financial condition of the county, which statement when 
examined and approved by the finance committee, shall be published 
by him as aforesaid. He shall, also, on or before the first Monday in 
February in each year, before the annual appropriations are made by 
the county board, submit to the board a report of the estimates 
necessary, as nearly as may be, to defray the expenses of the county 
government during the current fiscal year; he shall, in said report, 
classify the different objects and branches of said county expendi- 
ture, giving as nearly as possible the amount required for each class, 
and for this purpose it shall be the duty of all county officers and 
heads of departments to make and furnish the comptroller, on his 
request, statements of the condition and expenditure of their respec- 
tive departments and offices, with any desired alterations and im- 
provements, and the probable expense thereof. It shall be the duty 
of any committee of the board charged with the expenditure of 
money for buildings or improvements to make and furnish him a 
similar statement, and of all contracts already made and unfinished, 
and the amount of any unexpended appropriations of the preceding 
year. The comptroller shall in such report also show the aggregate 
income of the preceding fiscal year from all sources, the amount of 
liabilities outstanding upon which interest is to be paid, and of 
bonds and county debts payable during the fiscal year, and when 
and where payable. He shall also make and publish monthly state- 
ments giving full and detailed accounts of all moneys received and 
expended for the public service of the county. He shall sign all 



COUNTIES. 127 



warrants drawn upon the treasurer, which shall be countersigned by 
the president of the board, and the same shall state therein the par- 
ticular fund or appropriation to which the same is chargeable. No 
money shall be paid out of the county treasury except upon such 
warrants so drawn, nor shall any warrant be issued except against 
an appropriation theretofore made by the county board in accordance 
with section 61 of this act. The president of the board of commis- 
sioners, the county clerk as comptroller, the treasurer, and the finance 
committee, shall meet in the month or December to compare and 
revise all statements made by the comptroller, treasurer and the other 
accounting officers and committees, and the comptroller shall embody 
the result of such action in his report to the board of commissioners. 
The fiscal year of said county of Cook shall commence on the first 
Monday of December and end on the Sunday preceding the first 
Monday of December of each year, so long as the law requires the 
board of commissioners to be elected in the month of November: 
Provided, however, that if at the time this amendatory act takes 
effect there is in force, or may thereafter b? in force, a law requiring 
or authorizing said commissioners to be elected in the month of April 
instead of November, then, and in that case, the fiscal year of said 
county shall begin on the first day of June in each year and end on 
the thirty-first day of May next thereafter, and also in that event 
the regular meetings of said board of commissioners shall be held on 
the first Mondays of May. June. July. August, September and Feb- 
ruary, instead of the months specified for such meetings in the pre- 
ceding section 61. and corresponding changes shall be made in the 
other dates or months specified in said section 61, as well as in the 
provisions of this section preceding this proviso, thus: January shall 
be changed to June, February to July, and December to May, and 
all acts or things so required to be done or performed, or begin or 
terminate, in said months of January, February and December, re- 
spectively, shall be done and performed, or begin or terminate in the 
months of June, July and May. respectively. (As amended by act 
approved June 11. 1887. in force July 1. 1887.) 

Approved April 24, 1899. 



128 COURTS. 

COURTS. 



APPELLATE COURTS. 



JUDGES MAY APPOINT CLERKS. 



I 1. Judges of any of the districts or \ 2. Salary of clerk— how drawn, 
branches of appellate court allowed 
one clerk each — appointment— where 
filed. 

An Act to provide for the appointment of one clerk for each of the 
judges for each Appellate Court and to fix the salary of sue! t 
clerics. 

Section 1. Be it enacted by the People of the Stcde of Illinois, 
represented in the General Assembly : That circuit judges who are 
duly assigned to duty as judges in any of the districts or branches 
of the Appellate Court of this State and who are actually perform- 
ing such duty, shall be allowed a clerk for each of said judges, to be 
arjpointed by them respectively, such appointment to be made in 
writing, which said writing shall be tiled with the Auditor of the 
State. 

§ 2. Said clerk shall receive as full compensation a salary of one 
thousand (1.000) dollars per annum, payable quarter yearly on the 
warrant of said Auditor out of any money in the treasury not other- 
wise appropriated. 

Approved April 17, 1899. 



TERMS OF APPELLATE COURTS. 



'i 1. Amends section 2 of the Act of 1S74, es- 
tablishing appellate courts. 



2. Time for holding terms of appellate 
courts in the several districts — hear- 
ing of cases. 

An Act to amend section two (2) of an act entitled ''An act to 
establish appellate courts." in force July 1. 1877, and acts amend- 
atory thereto. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section two (2) of an 
act entitled "An act to establish appellate courts," in force July 1, 
1877, and acts amendatory thereto, be amended to read as follows: 

§ 2. The terms of said appellate courts shall be held in the several 
icts as follows: In the first district, at the City of Chicago, on 
the first Tuesdays in March and October of each year; in the second 
district, at Ottawa, in LaSalle county, on the first Tuesdays in April 
and October in each year: in the third district, at Springfield, on the 
third Tuesdays of May and November in each year; in the fourth 
district, at Mt. Vernon, on the fourth Tuesdays in February and 
August in each year. All cases now or hereafter taken to said appel- 
late courts, and all processes of every nature and kind that would 
stand for hearing or be returnable to any of said terms as now fixed 
by law. shall stand for hearing and be returnable to the first term of 
said court in each district, respectively, as fixed by this act: 

Approved April 22, 1899. 



COURTS. 129 



CIRCUIT COURT. 

ADDITIONAL TERM FOR JEFFERSON COUNTY. 

I 1. Provides for an additional term of court in Jefferson county. 

An Act to provide for an additional term of Circuit Court in the 

County of Jefferson. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That there shall hereafter 
be held an additional term of the circuit court in and for the county 
of Jefferson, commencing on the fourth Monday in the month of 
October of each year. 

• Approved April 6, 1899. 



circuit courts. 



TERMS IN FIRST CIRCUIT. 



I 1. Amends section 2 of the Acts of 1879 and 1897 by fixing the time for holding court in 

the First Circuit. 

An Act to amend section 2 of "An act concerning circuit courts and 

to fix the time for holding the same in the severed counties in the 

judicial circuits of the State of Illinois, exclusive of the County of 

Cook" approved May 24, 1879, in force July 1, 1879, as amended 

June 11, 1897, in force July 1, 1897. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 2 of an act 
entitled "An act concerning circuit courts and to fix the time of 
holding the same in the several counties of the judicial circuits of 
the State of Illinois, exclusive of the county of Cook," approved May 
24, 1879, in force July 1, 1879, as amended June 11. 1897, in force 
July 1, 1897, be amended so as to read as follows: 

First Circuit — In the county of Union, on the third Monday of 
March, the third Monday of June and the second Monday of Novem- 
ber; in the county of Jackson, the second Monday of January, the 
second Monday of April and the second Monday of September; in 
the county of Williamson, the first Monday of February, the first 
Monday of May and the fourth Monday of September; in the county 
of Saline, the first Monday of April, the second Monday of Septem- 
ber and the first Monday of December; in the county of Alexander, 
on the second Monday of February, the second Monday of May, the 
second Monday of July and the second Monday of October; in the 
county of Pulaski, on the second Monday of January, the fourth 
Monday of April and the fourth Monday of October; in the county 
of Pope, on the third Monday of January, the first Monday of May 
and the second Monday of October. Provided, that no grand or 
petit jury shall be summoned to appear for the said January term 
except by special order of the judge holding said court; in the county 
of Massac, on the fourth Monday in August, the second Monday in 
—9 



130 COURTS. 



January and the second Monday of April: Provided, that no grand 
or petit jury shall be summoned for the April term except by order 
of the court; in the county of Johnson, the fourth Monday of March, 
the third Monday of August and the second Monday of November: 
Prodded, that no grand or petit jury shall be summoned to attend 
at said December term of court in Saline county and that no grand 
jury shall be summoned to attend the said May term in Alexander 
county, and that no grand or petit jury shall be summoned to attend 
at said June term in Union county except by special order of the 
judge holding such term of court. 

Approved April 24, 1S99. 



COUNTY AND PROBATE JUDGES MAY HOLD COURTS IN ANY COUNTY. 

I 1. Amends section 1 of the Act of 1885: 

1 1. Judges may hold courts in any county in case of death, resignation or disabil- 
ity—clerk to designate jadge. 

An Act to amend section one (/) of an act entitled "An act to 
authorize county and probate judges to perform the duties of the 
office of one another in certain cases,'''' approved and in force April 
10, 1885. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section one (1) of an 
act entitled ''An act to authorize county and probate judges to per- 
form the duties of the office of one another in certain cases, 1 ' approved 
and in force April 10, 1885, be amended so as to read as follows: 

§ 1. That in case of the death, resignation or inability of the judge 
of a county or probate court of any county, the clerk of such court 
shall designate and call any county or probate judge to hold such 
county or probate court; and such county or probate judge, when so 
designated and called, may hold such county or probate court and 
perform all the duties of the judge thereof until the appointment or 
election of his successor, or until the disability to act ceases. 

Approved April 21, 1899. 



courts op record in cities. 

§ 1. Amends section 6 of the Act of 1874. 
I 6. Judares may interchange. 

An Act to amend section 6 of an act entitled "An act in relation to 
courts of record in cities,'''' approved March 26, 1874, in force 
July 1. 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section six (6) of an 
act entitled "An act in relation to courts of record in cities," be, and 
the same is hereby, amended to read as follows: 



COURTS. 



131 



§ 6. Such judges may, with like privileges as the judges of circuit 
and county courts, interchange with each other, and with the judges of 
circuit, superior, county and probate courts, and may hold court for 
each other, and for judges of circuit, superior, county and probate 
courts, and perform each other's duties, and the duties of judges of 
circuit, superior, county and probate courts, when they find it neces- 
sary or convenient. 

Approved April 21, 1899. 



JUVENILE COURTS. 



FOR DEPENDENT, NEGLECTED AND DELINQUENT CHILDREN. 



I 1. Applies to children under 16 years of 
age not inmates of a State institu- 
tion—definitions. 

I 2. Jurisdiction of courts. 

I 3. Juvenile court— juvenile record. 

i 4. Petition to court. 

I 5. Summons — notification to parents or 
gu ar d i an — w arrant. 

1 6. Probation officers— appointment — du- 

ties. 

§ 7. Disposition of dependent or neglected 
children. 

§ S. Guardianship — adoption — - guardian- 
ship not to include guardianship of 
any estate of the child. 

2 9. Disposition of delinquent children. 

\ 10. Provides for transfer of cases against 
children from justices and police 
magistrates to juvenile court. 

? 11. Children, under 12 years not to he 
committed to jail nor to be confined 
in building or yard with adult con- 
victs. 

I 12. Agents of juvenile reformatories- 
appointment — duties — compensa- 
tion. 

An Act to regulate the treatment and control of dependent, neg- 
lected and delinquent children. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : Definitions.] This act shall 
apply only to children under the age of 16 years not now or here- 
after inmates of a State institution, or any training school for boys 
or industrial school for girls or some institution incorporated under 
the laws of this State, except as provided in sections twelve (12) and 
eighteen (18) . For the purposes of this act the words dependent 
child and neglected child shall mean any child who for any reason is 



§ 13. State Commissioners of Public Chari- 
ties to supervise associations — asso- 
ciation to report to co±nmissioners 
annually contents of report. 

I 14. Incorporation of associations for care 
of dependent, neglected or delin- 
quent children— requirements. 

1 15. Surrender of dependent children by 

parent or guardian— adoption. 

2 16. Foreign corporations to furnish guar- 

antee—contents—penalty for receiv- 
ing child from association not filing 
guarantee. 

I 17. Child to be placed in care of person or 
association having same religious 
faith as parents. 

§ 18. County boards of visitors— appoint- 
ment — duties — reports — compensa- 
tion. 

? 19. Powers of juvenile court. 

§ 20. Industrial and training schools, State 
Reformatory and State Home for 
Juvenile Female Offenders not af- 
fected by this act. 

§ 21. Construction of act. 



132 COURTS. 



destitute or homeless or abandoned; or dependent upon the public 
for support; or has not proper parental care or guardianship; or who 
habitually bags or receives alms; or who is found living in any house 
of ill fame or with any vicious or disreputable person; or whose 
home, by reason of neglect, cruelty or depravity on the part of its 
parents, guardian or other person in whose care it may be, is an unfit 
place for such a child; and any child under the age of 8 years who 
is found peddling or selling any article or singing or playing any 
musical instrument upon the streets or giving any public entertain- 
ment. The words delinquent child shall include any child under the 
age of 16 years who violates any law of this State or any city or vil- 
lage ordinance. The word child or children may mean one or more 
children, and the word parent or parents may be held to mean one or 
both parents, when consistent with the intent of this act. The 
word association shall include any corporation which includes in its 
purposes the care or disposition of children coming within the 
meaning of this act. 

§ 2. Jurisdiction.] The circuit and county courts of the sever- 
al counties in this State shall have original jurisdiction in all cases 
coming within the terms of this act. In all trials under this act any 
person interested therein may demand a jury of six, or the judge of 
his own motion may order a jury of the same number, to try the case. 

§ 3. Juvenile Court.] In counties having over 500,000 popula- 
tion the judges of the circuit court shall, at such times as they shall 
determine, designate one or more of their number whose duty it 
shall be to hear all cases coming under this act. A special court 
room, to be designated as the juvenile court room, shall be provided 
for the hearing of such cases, and the findings of the court shall be 
entered in a book or books to be kept for that purpose and known 
as the "Juvenile Record," and the court may, for convenience, be 
called the "Juvenile Court."' 

§ 4. Petition to the Court.] Any reputable person, being 
resident in the county, having knowledge of a child in his county 
who appears to be either neglected, dependent or delinquent, may 
file with the clerk of a court having jurisdiction in the matter a pe- 
tition in writing, setting forth the facts, verified by affidavit. It 
shall be sufficient that the affidavit is upon information and belief. 

§ 5. Summons.] Upon the filing of the petition a summons 
shall issue requiring the person having custody or control of the 
child, or with whom the child may be, to appear with the child at a 
place and time stated in the summons, which time shall be not less 
than 21 hours after service. The parents of the child, if living, and 
their residence is [if] known, or its legal guardian, if one there be, or if 
there is neither parent nor guardian, or if his or her residence is not 
known, then some relative, if there be one and his residence is known, 
shall be notified of the proceedings, and in any case the judge may 
appoint some suitable person to act in behalf of the child. If the 
person summoned as herein provided shall fail, without reasonable 
cause, to appear and abide the order of the court, or to bring the 



COUETS. 133 



child, lie may be proceeded, against as in case of contempt of court. 
In case the summons can not be served or the party served fails to 
obey the same, and in any case when it shall be made to appear 
to the court that such summons will be ineffectual, a warrant 
may issue on the order of the court, either against the parent or 
guardian or the person having custody of the child or with whom the 
child may be, or against the child itself. On there turn of the sum- 
mons or other process, or as soon thereafter as may be, the court 
shall proceed to hear and dispose of the case in a summary manner. 
Pending the final disposition of any case the child may be retained 
in the possession of the person having the charge of same, or may be 
kept in some suitable place provided by the city or county authori- 
ties. 

§ 6. Probation Officers.] The court shall have authority to ap- 
point or designate one or more discreet persons of good character to 
serve as probation officers during the pleasure of the court; said pro- 
bation officers to receive no compensation from the public treasury. 
In case a probation officer shall be appointed by any court, it shall 
be the duty of the clerk of the court, if practicable, to notify the said 
probation officer in advance when any child is to be brought before 
the said court; it shall be the duty of the said probation officer to 
make such investigation as may be required by the court; to be pres- 
ent in court in order to represent the interests of the child when the 
case is heard; to furnish to the court such information and assistance 
as the judge may require; and to take such charge of any child be- 
fore and after trial as may be directed by the court. 

§ 7. Dependent and Neglected Children.] When any child 
under the age of sixteen (16) years shall be found to be dependent 
or neglected within the meaning of this act, the court may make an 
order committing the child to* the care of some suitable State insti- 
tution, or to the care of gome reputable citizen of good moral charac- 
ter, or to the care of some training school or an industrial school, as 
provided by law, or to the care of some association willing to receive 
it embracing in its objects the purpose of caring or obtaining homes 
for dependent or neglected children, which association shall have 
been accredited as hereinafter provided. 

§ 8. Guardianship.] In any case where the court shall award a 
child to the care of any association or individual in accordance with 
the provisions of this act the child shall, unless otherwise ordered, 
become a ward and be subject to the guardianship of the association 
or individual to whose care it is committed. Such association or 
individual shall have authority to place such child in a family home, 
with or without indenture, and may be made party to any proceed- 
ing for the legal adoption of the child, and may by its or his attorney 
or agent appear in any court where such proceedings are pending 
and assent to such adoption. And such assent shall be sufficient to 
authorize the court to enter the proper order or decree of adoption. 
Such guardianship shall not include the guardianship of any estate of 
the child. 



134 COURTS. 



§ 9. Disposition of Delinquent Children.] In the case of a 
delinquent child the court may continue the hearing from time to 
time, and may commit the child to the care and guardianship of a 
probation officer duly appointed by the court, and may allow said 
child to remain in its own home, subject to the visitation of the pro- 
bation officer; such child to report to the probation officer as often 
as may be required and subject to be returned to the court for fur- 
ther proceedings, whenever such action may appear to be necessary; 
or the court may commit the child to the care and guardianship of 
the probation officer, to be placed in a suitable family home, subject 
to the friendly supervision of such probation officer; or it may 
authorize the said probation officer to board out the said child in 
some suitable family home, in case provision is made by voluntary 
contribution or otherwise for the payment of the board of such child, 
until a suitable provision may be made for the child in a home with- 
out such payment; or the court may commit the child, if a boy, to a 
training school for boys, or if a girl, to an industrial school for girls. 
Or, if the child is found guilty of any criminal offense, and the judge 
is of the opinion that the best interest requires it, the court may 
commit the child to any institution within said county incorporated 
under the laws of this State for the care of delinquent children, or 
provided by a city for the care of such offenders, or may commit the 
child, if a boy over the age of ten years, to the State reformatory, or 
if a girl over the age of ten years, to the State Home for Juvenile 
Female Offenders. In no case shall a child be committed beyond his 
or her minority. A child committed to such institution shall be 
subject to the control of the board of managers thereof, and the 
said board shall have power to parole such child on such conditions 
as it may prescribe, and the court shall, on the recommendation of 
the board, have power to discharge such child from custody when- 
ever in the judgment of the court his or her reformation shall be 
complete; or the court may commit the child to the care and cus- 
tody of some association that will receive it embracing in its objects 
the care of neglected and dependent children and that has been duly 
accredited as hereinafter provided. 

§ 10. Transfer from Justices and Police Magistrates.] When, 
in any county where a court is held as provided in section three of 
this act, a child under the age of 16 years is arrested with or without 
warrant, such child may, instead of being taken before a justice of 
the peace or police magistrate, be taken directly before such court; 
or if the child is taken before a justice of the peace or police magis- 
trate, it shall be the duty of such justice of the peace or police 
magistrate to transfer the care [case] to such court, and the officer 
having the child in charge to take such child before that court, and 
in any such case the court may proceed to hear and dispose of the 
case in the same manner as if the child had been brought before the 
court upon petitition as herein provided. In any case the court shall 
require notice to be given and investigation to be made as in other 
cases under this act, and may adjourn the hearing from time to time 
for the purpose. 



COURTS. 135 



§ 11. Children Under Twelve Years not to bk Committed 
to Jail.] No court or magistrate shall commit a child under twelve 
(12) years of age to a jail or police station, but if such child is un- 
able to give bail it may be committed to the care of the sheriff, 
police officer or probation officer, who shall keep such child in some 
suitable place provided by the city or county outside of the inelosure 
of any jail or police station. When any child shall be sentenced to 
confinement in any institution to which adult convicts are sentenced 
it shall be unlawful to confine such child in the same building with 
such adult convicts, or to confine such child in the same yard or 
inelosure with such adult convicts, or to bring such child into any 
yard or building in which such ad alt convicts may be present. 

§ 12. Agents or Juvenile Reformatories.] It shall be the 
duty of the superintendent of the State Reformatory at Pontiac and 
the board of managers of the State Home for Juvenile Female Offend- 
ers at Geneva, and the board of managers of any other institution to 
which juvenile delinquents may be committed by the courts, to 
maintain an agent of such institution, whose duty it shall be to exam- 
ine the homes of children paroled from such institution for the pur- 
pose of ascertaining and reporting to said court whether they are 
suitable homes; to assist children paroled or discharged from such 
institution in finding suitable employment, and to maintain a friend- 
ly supervision over paroled inmates during the continuace of their 
parole; such agents shall hold office subject to the pleasure of the 
board making the appointment, and shall receive such compensa- 
tion as such board may determine out of any funds appropriated for 
such institution applicable thereto. 

§ 13. Supervision by State Commissioners of Public Chari- 
ties.] All associations receiving children under this act shall be 
subject to the same visitation, inspection and supervision of 
the Board of State Commissioners of Public Charities as the public 
charitable institutions of this State. The judges of the courts here- 
inbefore mentioned may require such information and statistics 
from associations desiring to have children committed to their care 
under the provisions of this act as said judges deem necessary in 
order to enable them to exercise a wdse discretion in dealing with 
children. Every such association shall file with the Board of State 
Commissioners of Public Charities an annual printed or written report, 
which shall include a statement of the number of children cared for 
during the year, the number received, the number placed in homes, 
the number died, the number returned to friends; also a financial 
statement showing the receipts and disbursements of the associations. 
The statement of receipts shall indicate the amount received from 
public funds, the amount received from donations and the amount 
received from other sources, specifying the several sources. The 
statement of disbursements " shall show the amount expended for 
salaries and other expenses, specifying the same, the amount expend- 
ed for lands, buildings and investments. The secretary of the board 
of public charities shall furnish to the judge of each of the county 
courts a list of associations filing such annual reports, and no child 



136 COURTS. 

shall be committed to the care of any association which shall not 
have filed a report for the fiscal year last preceding with the State 
Board of Commissioners of Public Charities. 

§ 14. Incorporation of Associations.] No association whose 
objects may embrace the caring for dependent, neglected or delin- 
quent children shall hereafter be incorporated unless the proposed 
articles of incorporation shall first have been submitted to the exam- 
ination of the Board of State Commissioners of Public Charities, and 
the Secretary of State shall not issue a certificate of incorporation 
unless there shall first be filed in his office the 'certificate of said 
Board of State Commissioners of Public Charities that said board has 
examined the said articles of incorporation and that, in its judgment, 
the incorporators are reputable and responsible persons, the proposed 
work is needed, and the incorporation of such association is desirable 
and for the public good; amendments proposed to the articles of incor- 
poration or association having as an object the care and disposal of 
dependent, neglected or delinquent children shall be submitted in 
like manner to the B jard of State Commissioners of Public Charities, 
and the Secretary of State shall not record such amendment or issue 
his certificate therefor unless there shall first be filed in his office the 
certificate of said Board of State Commissioners of Public Charities 
that they have examined the said amendment, that the association 
in question is. in their judgment, performing in good faith the work 
undertaken by it. and that the said amendment is, in their judgment, 
a proper one and for the public good. 

§ 15. Surrender of Dependent Children — Adoption.] It 
shall be lawful for the parents, parent, guardian or other person 
having the right to dispose of a dependent or neglected child to enter 
into an agreement with any association or institution incorporated 
under any public or private law of this State for the purpose of aid- 
ing, caring for or placing in homes such children, and being approved 
as herein provided, for the surrender of such child to such associa- 
tion or institution, to be taken and cared for by such association or 
institution or put into a family home. Such agreement may contain 
any and all proper stipulations to that end, and ina}* - authorize the 
association or institution, by its attorney or agent, to appear in any 
proceeding for the legal adoption of such child, and consent to its 
adoption, an 1 the order of the court made upon such consent shall 
be binding upon the child and its parents or guardian or other per- 
son the same as if such parents or guardian or other person were 
personally in court and consenting thereto, whether made party to 
the proceeding or not. 

$ 16. Foreign Corporations.] No association which is incor- 
porated under the laws of any other state than the State of Illinois 
shall place any child in any family home within the boundaries of 
the State of Illinois, either with or without indenture, or for adop- 
tion, unless the said association shall have furnished the Board of 
State Commissioners of Public Charities with such guarantee as they 
may require that no child shall be brought into the State of Illinois 
by such society or its agents having any contagious or incurable dis- 
ease, or having any deformity, or being of feeble mind, or of vicious 



COURTS. 137 



character, and that said association will promptly receive and re- 
move from the State any child brought into the State of Illinois by 
its agent which shall become a public charge within the period of 
five (5) years after being brought into this State. Any person who 
shall receive, to be placed in a home, or shall place in a home, any 
child in behalf of any association incorporated in any other state 
than the State of Illinois which shall not have complied with the 
requirements of this act, shall be imprisoned in the county jail not 
more than thirty days, or fined not less than $5.00 or more than one 
hundred (100) dollars, or both in the discretion of the court. 

§ 17. Religious Preferences.] The court in committing chil- 
dren shall place them as far as practicable in the care and custody of 
some individual holding the same religious belief as the parents of 
said child, or with some association which is controlled by persons of 
like religious faith of the parents of the said child. 

§ 18. County Boards of Visitors.] The county judge of each 
county may appoint a board of six reputable inhabitants, who will 
serve without compensation, to constitute a board of visitation, whose 
duty it shall be to visit as often as once a year all institutions, socie- 
ties and associations receiving children under this act. Said visits 
shall be made by not less than two of the members of the board, who 
shall go together or make a joint report; the said board of visitors 
shall report to the court from time to time the condition of children 
. received by or in the charge of such associations and institutions, and 
shall make an annual report to the Board of State Commissioners of 
Public Charities in such form as the board may prescribe. The 
county board may, at their discretion, make appropriations for the 
payment of the actual and necessary expenses incurred by the visit- 
ors in the discharge of their official duties. 

§ 19. Powers of Juvenile Court.] The powers and duties 
herein provided to be exercised by the county court or the judges 
thereof may, in counties having over 500,000 population, be exer- 
cised by the circuit courts and their judges as hereinbefore provided 
for. 

§ 20. Industrial and Training Schools not Affected.] Noth- 
ing in this act shall be construed to repeal any portion of the act to aid 
industrial school [s] for girls, the act to provide for and aid training 
schools for boys, the act to establish the Illinois State Reformatory 
or the act to provide for a State Home for Juvenile Female Offenders. 
And in all commitments to said institutions the acts in reference to 
said institutions shall govern the same. 

§ 21. Construction of the Act.] This act shall be liberally con- 
strued, to the end that its xrarpose may be carried out, to- wit: That 
the care, custody and discipline of a child shall approximate as nearly 
as may be that which should be given by its parents, and in all cases 
where it can properly be done the child be placed in an improved 
family home and become a member of the family by legal adoption 
or otherwise. 

Approved April 21, 1899. 



138 COURTS — CRIMINAL CODE. 

SUPREME COURTS. 

JUDGES MAY APPOINT PRIVATE SECRETARIES. 

I 1. Amends section 18, Act of 1874. 

§ 18. Each supreme judge may appoint a private secretary — salary— how drawn. 

An Act to amend section 18 of an act entitled "An act to revise the 
laio in relation to the supreme court" approved March 23, 1874, 
in force July 1, 1874, as amended by an act approved June 24, 
1895, in force July 1, 1895 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section 18 of an act 
entitled "An act to revise the law in relation to the supreme court," 
approved March 2d, 1874. in force July 1, 1874, as amended by an act 
approved June 24, 1895, in force July 1, 1895, be, and the same is 
hereby, amended to read as follows: 

§ 18. Each of the judges of the supreme court may appoint a pri- 
vate secretary, who shall be a licensed attorney of the State of Illi- 
nois. Such appointment shall be in writing and shall be filed in the 
office of the Auditor of Public Accounts, and continue in force until 
revoked by the judge. Each private secretary so appointed shall 
receive a salary of two thousand (2,000) dollars per annum, pa} ? able 
quarter-yearly, on the warrant of the Auditor of Public Accounts, 
out of any money in the State treasury not otherwise appropriated. 

Approved April 17, 1899. 



criminal code. 

ARTICLES CONSTRUCTED OF GOLD OR SILVER OR IMITATIONS THEREOF. 



§ 3. Provides penalty for deception in 
articles made in whole or in part of 
silver, alloy or imitation thereof and 
stamped "coin" or "coin silver." 



I 1. Provides penalty for deception in arti- 
cles made in whole or in part of gold, 
alloy or imitation thereof. 

2. Provides penalty for deception in ar- 
ticles made in whole or in part of 
silver, alloy or imitation thereof and 
stamped "sterling" or "sterling sil- 
ver." 

An Act relating to the manufacture and sale of articles consti'ucted 
in whole or in part of gold or silver or any alloy or imitation 
thereof and prescribing penalties. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That whoever makes for sale, 
or sells, or offers to sell or dispose of, or has in his or her possession 
with intent to sell or dispose of, any article or articles constructed in 
whole or in part of gold or any alio}' or imitation thereof, having 
thereon, or on any box, package, cover, wrapper or other thing en- 
closing or encasing such article or articles for sale, any stamp, brand, 
engraving, printed label, trade mark, imprint or other mark, indicat- 
ing, or designed or intended to indicate, that the gold, alloy or imita- 
tion thereof in such article or articles is different from or better 



CRIMINAL CODE. 139 



than the actual kind and quality of such gold, alloy or imitation, 
shall be guilty of a misdemeanor, and upon conviction thereof shall 
be fined in any sum not less than fifty dollars nor more than one 
hundred dollars. 

§ 2. Whoever makes for sale, sells or offers to sell or dispose of, 
or has in his or her possession with intent to sell or dispose of, any 
article or articles constructed in whole or in part of silver or any 
alloy or imitation thereof, having thereon, or on any box, package, 
cover, wrapper or other thing enclosing or encasing such article or 
articles for sale, any stamp, brand, engraving, printed label, trade 
mark, imprint or other mark containing the words ''sterling'' or "ster- 
ling silver." referring, or designed or intended to refer, to the silver, 
alloy or imitation thereof in such article or articles, when such silver, 
alloy or imitation thereof shall contain less than nine hundred and 
twenty-five one-thousandths thereof of pure silver, shall be guilty of 
a misdemeanor, and upon conviction thereof shall be fined in any 
sum not less than fifty dollars or more than one hundred dollars. 

§ 3. Whoever makes for sale, sells or offers to sell or dispose of, 
or has in his or her possession with intent to sell or dispose of, any 
article or articles constructed in whole or in part of silver or any alloy 
or imitation thereof having thereon, or on any box, package, cover, 
wrapper or other thing enclosing or encasing such article or articles 
for sale any stamp, brand, engraving, printed label, trade mark, im- 
print or other mark containing the words "coin" or "coin silver," 
referring to or designed or intended to refer to, the silver, alloy or 
imitation thereof in such article or articles, when such silver, alloy 
or imitation shall contain less than nine-tenths thereof pure silver, 
shall be guilty of a misdemeanor, and upon conviction thereof shall 
be fined in any sum not less than fifty dollars and not more than one 
hundred dollars. 



Approved April 24. 1S99. 



DECEPTION AND UNLAWFUL FORCE IN PROCURING EMPLOYEES. 



Prohibits deception, false advertising', 
false pretenses and unlawful force 
in employing workmen. 



I. Penalty for guarding with deadly 
weapons any workmen or property 
without a written permit from the 
Governor— penalty — proviso. 
§ 2. Penalty for violating provisions of j g 4< Workmen-recovery of damages— at- 
section 1. J torney's fees. 

An Act prohibiting the use of deception, misrepresentation, false 
advertising and false pretenses and unlawful force in the pro- 
curing of employes to work in any department of labor in this 
State and fixing penalties, criminal and civil, for violation thereof 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That it shall be unlawful for 
any person, persons, company, corporation, society, association or or- 
ganization of any kind doing business in this State, by himself, 
themselves, his, its or their agents or attorneys, to induce, influence, 



140 CRIMINAL CODE.. 



persuade or engage workmen to change from one place to another in 
this State, or to bring workmen of any class or calling into this State 
to work in any of the departments of labor in this State, through or 
by means of false or deceptive representations, false advertising or 
false pretenses concerning the kind and character of the work to be 
done, or amount and character of the compensation to be paid for 
such work, or the sanitary or other conditions of the employment, or 
as to the existence or non-existence of a strike or other trouble 
pending between employer and employe's, at the time of or prior to 
such engagement. Failure to state in any advertisement, proposal 
or contract for the employment of workmen that there is a strike, 
lockout or other labor troubles at the place of the proposed emplo}^- 
ment, when in fact such strike, lockout or other labor trouble then 
actually exists at such place, shall be deemed as false advertisement 
and misrepresentation for the purposes of this act. 

§ 2. Any person or persons, company, corporation, society, associa- 
tion or organization of any kind doing business in this State, as well 
as his, their or its agents, attorneys, servants or associates, found 
guilty of violating section 1 of this act, or any part thereof, shall be 
fined not exceeding $2,000.00 or confined in the county jail not ex- 
ceeding one year, or both, where the defendant or defendants, is or 
are a natural person or persons. 

§ 3. Any person or persons who shall, in this or another State, 
hire, aid, abet or assist in hiring, through agencies or otherwise, per- 
sons to guard with arms or deadly weapons of any kind other persons 
or property in this State, or any person or persons who shall come 
into this State armed with deadly weapons of any kind for any such 
purpose, without a permit in writing from the Governor of this 
State, shall be guilty of a felony, and on conviction thereof shall be 
imprisoned in the penitentiary not less than one year nor more than 
five years: Provided, that nothing contained in this act shall be 
construed to interfere with the right of any person, persons, or com- 
pany, corporation, society, association or organization in guarding or 
protecting their private property or private interests as is now pro- 
vided by law; but this act shall be construed only to apply in cases 
where workmen are brought into this State, or induced to go from one 
place to another in this State, by any false pretenses, false advertising 
or deceptive representations, or brought into this State under arms, 
or removed from one place to another in this State under arms. 

§ 4. Any workman of this State, or any workman of another 
state who has or shall be influenced, induced or persuaded to engage 
with any persons mentioned in section 1 of this act. through or by 
means of any of the things therein prohibited, each of such work- 
men shall have a right of action for recovery of all damages that 
each such workman has sustained in consequence of the false or de- 
ceptive representations, false advertising and false pretenses used to 
induce him to change his place of employment, against any person 
or persons, corporations, companies or associations directly or in- 
direct! v causing such damaeres; and, in addition to all actual dam- 



CRIMINAL CODE. 141 



ages such workmen may have sustained, shall be entitled to recover 
such reasonable attorney's fees as the court shall fix, to be taxed as 
costs in any judgment recovered. 

Approved April 24, 1899. 



INFAMOUS CRIMES SPECIFIED. 
§ 1. Amends section 7, division 2, by defining infamous crimes. 

An Act to amend section seven (7), division two (2) , of an act of 
the State of Illinois approved March 27, 1874, in force July 1, 
1874, entitled, "An act to revise the law in relation to criminal 
jurisprudence.''' 

Section 1. Be it enacted by the People of the Stcde of Illinois, 
represented in the General Assembly: That section seven (7), 
division two (2) , of an act of the State of Illinois approved March 
27, 1874, in force July 1, 1874. entitled "An act to revise the law in 
relation to criminal jurisprudence." be amended so that said section 
when amended shall read as follows: 

Every person convicted of the crime of murder, rape, kidnapping, 
willful and corrupt perjury or subornation of perjury, arson, burglary, 
robbery, sodomy or other crime against nature, incest, larceny, 
forger}^, counterfeiting or bigamy, shall be deemed infamous, and 
shall forever thereafter be rendered incapable of holding any office 
of honor, trust or profit, or voting at any election, or serving as a 
juror, unless he is again restored to such rights by the terms of a 
pardon for the offense, or otherwise, according to the law: Provided, 
however, that the foregoing shall not apply to any person who has 
been heretofore convicted and sentenced, or who may be hereafter 
convicted and sentenced, to the Illinois State Reformatory at Pontiac, 

Approved April 21, 1899. 



142 



CRIMINAL CODE. 



PAROLE SYSTEM. 



I 8. Penalty for violating any of the terms 
of this act by any public officer. 

§ 9. Parole agent— appointment— compen- 
sation. 

§ 10. State Reformatory — terms of prison- 
ers sentenced to not fixed by courts 
— sentence to be terminated by 
Board of Pardons. 

§ 11. Compensation of members of Board 
of Pardons— how drawn. 

I 12. All parts of Acts of 1895 and 1897 not 
in harmony with this act repealed. 



I 1. Terms of prisoners not fixed by courts. 

§ 2. Penitentiary commissioners to adopt 
certain rules — wardens' and physi- 
cians' registers — warden to attend 
meetings of board and advise with 
them as to fitness of persons for 
parole. 

I 3. Official information of prisoner's 
crime, character and habits. 

I 4. Granting of paroles. 

I 5. Release on parole— clothing, money 
and transportation furnished. 

I 6. Warden to keep in communication with 
paroled prisoners— final discharge. 

\ 7. Board of Pardons parole prisoners 
transferred from the State Reforma- 
tory. 

An Act to revise the law in relation to the sentence and commitment 
of prisoners convicted of crime, and providing for a system of 
parole, and to provide compensation for the officers of said system 
of parole. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That every male person over 
twenty-one years of age, and every female person over eighteen years 
of age, who shall be convicted of a felony or other crime punishable 
by imprisonment in the penitentiary, except treason and murder, 
shall be sentenced to the penitentiary, and the court imposing such 
sentence shall not fix the limit or duration of the same, but the term 
of such imprisonment shall not be less than one year, nor shall it 
exceed the maximum term provided by law for the crime of which 
the prisoner was convicted, making allowance for good time, as now 
provided by law. 

§ 2. It shall be the duty of each board of penitentiary commis- 
sioners to adopt such rules concerning all prisoners committed to 
their custody as shall prevent them from returning to criminal 
courses, best secure their self-support and accomplish their reforma- 
tion. When any prisoner shall be received into said penitentiary 
the warden shall cause to be entered in a register the date of such 
admission, the name, nativity, nationality, with such other facts as 
can be ascertained of parentage, education, occupation and early 
social influences as seem to indicate the constitutional and acquired 
defects and tendencies of the prisoner, and based upon these, an esti- 
mate of the present condition of the prisoner, and the best probable 
plan of treatment. And the physician of said penitentiary shall 
carefully examine each prisoner when received and shall enter into a 
register to bs kept by him, the name, nationality or race, the weight, 
stature and family histor} 7 of each prisoner, also a statement of the 
condition of the heart, lungs and other leading organs, the rate of 



CRIMINAL CODE. 143 



the pulse and respiration, the measurement of the chest and abdo- 
men, and any existing disease or deformity, or other disability, 
acquired or inherited. Upon the warden's register shall be entered 
from time to time minutes of observed improvement or deterioration 
of character, and notes as to the method and treatment employed; 
also all alterations affecting the standing or situation of such pris- 
oner and any subsequent facts or personal histor}^ which may be 
brought officially to his knowledge bearing upon the question of the 
parole or final release of the prisoner; and it shall be the duty of the 
warden, or, in his absence, the deputy warden, of each penitentiary 
to attend each meeting of the board of pardons that is held at the 
penitentiary of which he is the warden for the purpose of examin- 
ing prisoners as to their fitness for parole. He shall advise with said 
board of pardons concerning each case, and furnish said board of 
pardons with his opinion, in writing, as to the fitness of each prisoner 
for parole whose case said board may be considering. And it is 
hereby made the duty of every public officer to whom inquiry may 
be addressed by the clerk of the board of pardons concerning any 
prisoner to give said board all information possessed or accessible to 
him which may throw light upon the question of the fitness of said 
prisoner to receive the benefits of parole. 

§ 8. It shall be the duty of the judge before whom any prisoner 
is convicted, and also the State's attorney of the county in which he 
is convicted, to furnish the board of penitentiary commissioners an 
official statement of the facts and circumstances constituting the 
crime whereof the prisoner was convicted, together with all other in- 
formation accessible to them in regard to the career of the prisoner 
prior to the time of the committal of the crime of which he was con- 
victed, relative to his habits, associates, disposition and reputation 
and any other facts and circumstances which may tend to throw any 
light upon the question as to whether such prisoner is capable of 
again becoming a law abiding citizen. It shall be the duty of the 
official court reporter, at the dictation of the judge of the said court 
or the State's attorney of said county, to write the official statements 
of the judge and State's attorney above referred to at the time of the 
conviction of the prisoner, and it shall be the duty of the clerk of the 
court to cause such official statements to be attached to the mittimus, 
with the copy of the judgment of the court at the time of issuing the 
same, and deliver the same, so attached to the mittimus, to the sheriff 
of the county for transmission to the penitentiary at the time of the 
delivery of the prisoner to the warden; and it shall be the duty of 
the warden to report to the board of pardons the receipt of such 
prisoner, with such other official information as the board may re- 
quire, within five days after the receipt of such prisoner. 

§ 4. The said board of pardons shall have power to establish rules 
and regulations under which prisoners in the penitentiary may be 
allowed to go upon parole outside of the penitentiary building and 
enclosure: Provided, that no prisoner shall be released from either 
penitentiary on parole until the State board of pardons or the warden 
of said penitentiary shall have made arrangements, or shall have 



144. CEIMINAL CODE. 



satisfactory evidence that arrangements have been made, for his hon- 
orable and useful employment while upon parole in some suitable 
occupation, and also for a proper and suitable home, free from crim- 
inal influences, and without expense to the State: And, provided 
farther, that all prisoners so temporarily released upon parole shall, 
at all times, until the -receipt of their final discharge, be considered 
in the legal custody of the warden of the penitentiary from which 
they were paroled, and shall, during the said time, be considered as 
remaining under conviction for the crime of which they were con- 
victed and sentenced and subject at any time to be taken back within 
the enclosure of said penitentiary; and full power to enforce such 
rules and regulations and to retake and reimprison any inmate so 
upon parole is hereby conferred upon the warden of said peniten- 
tiary, whose order or writ, certified by the clerk of said penitentiary, 
with the seal of the institution attached, and directed to all sheriffs, 
coroners, constables, police officers, or to any particular person named 
in said order or writ, shall be sufficient warrant for the officer or other 
person named therein to authorize said officer or person to arrest 
and deliver to the warden of said penitentiary the body of the con- 
ditionally released or paroled prisoner named in said writ, and it is 
hereby made the duty of all sheriffs, coroners, constables, police 
officers or other persons named therein to execute said order or writ 
the same as other criminal process. In case any prisoner so condi- 
tionally released or paroled shall flee beyond the limit of the State, 
he may be returned pursuant to the provisions of the law of this 
State relating to fugitives from justice. It shall be the duty of the 
warden, immediately upon the return of any conditionally released 
or paroled prisoner, to make report of the same to the State board of 
pardons, giving the reasons for the return of said paroled prisoner. 

Provided, further, that the State board of pardons may, in its discre- 
tion, permit any prisoner to temporarily and conditionally depart from 
such penitentiary on parole and go to some county in the State 
named and there remain within the limits of the county, and not to 
depart from the same without written authority form said board, for 
such length of time as the board may determine, and upon the fur- 
ther condition that such prisoner shall, during the time of his parole, 
be and continuously remain a law abiding citizen, of industrious and 
temperate habits, and report to the sheriff of the county on the first 
day of each month giving a particular account of his conduct dur- 
ing the month, and it shall be the duty of such sheriff to investigate 
such report and ascertain what has been the habits and conduct of 
such prisoner during the time covered by such report, and to transmit 
such report upon blanks furnished him by the warden of the peni- 
tentiary to said warden within five days after the receipt of such 
prisoner's report, adding to such report the sheriff 's statement as to 
the truth of the report so made to him by the prisoner. It shall also 
be the duty of such sheriff to keep secret the fact that such prisoner 
is a paroled prisoner, and in no case divulge such fact to any person 
or persons so long as said prisoner obeys the terms and conditions of: 
his parole 



CRIMINAL CODE. 145 



§ 5. Upon the granting of a parole to any prisoner the warden 
shall provide him with suitable clothing, ten dollars in money, which 
may be paid him in installments at the discretion of the warden, and 
shall procure transportation for him to his place of employment or 
to the county seat t»f the county to which he is paroled. 

§ 6. It shall be the duty of the warden to keep in communication, 
as far as possible, with all prisoners who are on parole from the peni- 
tentiary of which he is the warden, also with their employers, and 
when, in his opinion, any prisoner who has served not less than six 
months of his parole acceptably has given such evidence as is 
deemed reliable and trustworthy that he will remain at liberty with- 
out violating the law. and that his final release is not incompatible 
with the welfare of society, the warden shall make a certificate to that 
effect to the State board of pardons; and whenever it shall be made 
to appear to the satisfaction of the State board of pardons, from the 
warden's rerx>rt or from other sources, that any prisoner has faith- 
fully served the term of his parole, and the board shall be of the 
opinion that such prisoner can safely be trusted to be at liberty and 
that his final release will not be incompatible with the welfare of 
society, the State board of pardonds shall have the power to cause to be 
entered of record in its office an order discharging such prisoner for,, 
or on account of, his conviction, which said order, when approved by 
the Governor, shall operate as a complete discharge of such prisoner 
in the nature of a release or commutation of his sentence, to take 
effect immediately upon the delivery of a certified copy thereof to the 
prisoner, and the clerk of the court in which the prisoner was con- 
victed shall, upon presentation of such certified copy, enter the 
judgment of such conviction satisfied and released pursuant to said 
order. It is hereby made the duty of the clerk of the board of par- 
dons to send written notice of the fact to the warden of the peniten- 
tiary of the proper district whenever any prisoner on parole is finally 
released by said board. 

§ 7. In any case where prisoners have been transferred from the 
Illinois State Reformatory to either of the penitentiaries, the State 
board of pardons shall have power and authority, during the time 
such prisoners are in the penitentiary, to grant paroles to such prison- 
ers in all respects the same as though they had been originally com- 
mitted to such penitentiary; and said board shall also have the power 
and authority in all cases where, in the opinion of the board, the 
prisoner is under the age of twenty-one years, to transfer such 
prisoner to the reformatory, and the board of managers of said 
reformatory shall have full power and authority to grant paroles to 
such prisoners while in said reformatory in all respects the same as 
though such prisoners had been originally committed to said reforma- 
tory. 

§ 8. Any public officer upon whom any duty is by the terms of 
this act imposed, and who shall wilfully and negligently refuse or 
fail to perform such duty, shall be subject to a fine of not exceeding 



— 10 



146 CRIMINAL CODE. 



fifty dollars in each case, recoverable in an action of debt in the name 
of the people of the State of Illinois, the proceeds to be devoted to 
the library fund of the penitentiary of the proper district. 

§ 9. Each of the boards of penitentiary commissioners shall have 
power and authority to appoint a parole agent for each of the peni- 
tentiaries, and to prescribe the duties of said officer; that said parole 
agent shall at all times be subject to the orders of said board, and 
shall receive a salary of not to exceed $1,500 per year, payable monthly 
upon the certificate of said board and upon warrants drawn by the 
Auditor of Public Accounts, out of any money in the treasury not 
otherwise appropriated. 

§ 10. Every sentence to the Illinois State Reformatory of a per- 
son hereafter convicted of a felony or other crime shall be a general 
sentence to imprisonment in the Illinois State Reformatory, and the 
courts of this State imposing such sentence shall not fix or limit the 
duration thereof. The term of such imprisonment of any person so 
convicted or sentenced shall be terminated by the board of pardons, 
but only upon the recommendation, in writing, of the board of man- 
agers of the said reformatory; but such imprisonment shall not ex- 
ceed the maximum term provided by law for the crime for which the 
prisoner was convicted and sentenced. 

§ 11. There shall be allowed to each member of the board of 
pardons the sum of one thousand five hundred dollars per year to 
compensate him for services performed under this act, said sum to be 
payable monthly on certificates of the board approved by the Gov- 
ernor, and payable out of any money in the treasury not otherwise 
appropriated. 

§ 12. That an act entitled '"An act in relation to the sentence of 
prisoners convicted of crime, and providing for a system of parole,"' 
approved June 15, 1895, in force July 1, 1895; also an act entitled 
"An act to amend an act in relation to the sentence of prisoners con- 
victed of crime, and providing for a system of parole," approved 
June 10, 1897; and section 13 of "An act to establish the Illinois 
State Reformatory and making an appropriation therefor/' approved 
June 18, 1891, and in force July 1, 1891, and all parts of laws not in 
harmony with the provisions of this act are hereby repealed: Pro- 
vided, that such appeal [repeal] shall not affect any conviction here- 
tofore had under said laws, except that any person convicted under 
either of the acts specifically named in this section may, with the 
consent of the board, receive the benefits of this act. 

Approved April 21, 1899. 



CRIMINAL CODE. 147 



PROTECTION OF SIDEWALKS AND SIDEPATHS. 



2 3. Unlawful to place upon surface of such 
sidewalk or path any glass or other 
substance likely to cause injury to 



4. Penalty for violation. 



1 1. Unlawful for persons to lead, ride or 
drive any animals upon sidewalks or 
sidepaths constructed for use of 

pedestrians or bicyclists outside of j persons or bicycles 

incorporated cities or villages; such 
sidewalks or paths to be on one side 
of highway and separated from main 
traveled highway. 

■■i, 2. Unlawful to obstruct, injure or destroy 
any sidewalk or walk herein de- 
scribed. 

An Act to protect sidewalks and sidepaths, and to provide a pen- 
alty for its violation. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly . as follows: That it shall be un- 
lawful for any person to wilfully or negligently lead, ride or drive any 
cattle, horses, sheep, swine or other animal upon or along the sidepaths, 
sidewalks and paths heretofore or hereafter constructed, either by pri- 
vate persons or public authority, for the use of pedestrians and 
bicyclists in the public highways and roads of this State outside of 
incorporated cities and villages: Provided, such paths and side- 
walks, by the provisions of this act, shall be only on one side of any 
roadway and in some manner separated and distinguished from the 
main traveled part of the highway. 

§ 2. It shall be unlawful for any person to wilfully or negligently 
obstruct, injure or destroy, or render impassable or dangerous for 
pedestrians or persons riding bicycles, any sidewalk or walk as de- 
scribed in section 1 of this act. 

§ 3. It shall be unlawful for any person to place upon the sur- 
face of any such sidewalk or path any glass, metal, stone, earthen- 
ware or other substance of a nature likely to cause injury to travelers 
or pedestrians or to bicycles used on said path. 

§ 4. Any person found guilty of a violation of this act shall be 
guilty of a misdemeanor and punished by a fine of not less than three 
nor more than fifty dollars for each offense, together with the costs 
of prosecution, or imprisonment in the county jail not exceeding 
thirty days, or both, in the discretion of the court; and shall further 
be liable in an action brought by any person who shall suffer injury 
to his person or property by reason of such violation of the provis- 
ions of this act. 

Approved April 26, 1899. 



148 CRIMINAL CODE. 



PUBLIC EXHIBITIONS OF CRIMINALS AND DEFORMED PERSONS. 

I 1. Prohibits exhibitions of criminals or I ? 2 - Penalty for violation, 
deformed persons for gain. | g 3, Disposition of fines. 

An Act to prohibit 'public exhibitions of persons who have attained 
notoriety through some criminal act, also of persons ivhose de- 
formity is such as to attract public curiosity, and to provide a 
penalty therefor. 

Section 1. Be it enacted by the People of the Stcde of Illinois, 
represented in the General Assembly : That it shall be unlawful for 
any person or persons, company, firm or corporation to publicly ex- 
hibit for pecuniary gain persons who have become conspicuous 
through some criminal act which has a tendency to degrade human 
morals, to exhibit their pictures or any article which appertains to 
them in their attainment of criminal notoriety, and to exhibit persons 
whose deformity is such as to attract public curiosity. 

§ 2. Every person who shall violate the provisions of this act 
shall be subject to a fine of not less than one hundred dollars ($100) 
or imprisoned in the county jail not less than thirty (30) days nor 
more than ninety (90) days, or by both such fine and imprisonment. 

§ 3. All fines collected for violation of this act shall go to and 
become a part of the school fund of the county wherein the prosecu- 
tion for said violation was held. 

Approved April 22, 1899. 



SEDUCTION OF FEMALES. 
\ 1. Provides penalty for seduction of unmarried females under IS years of age. 

An Act to punish the seduction of females. 

Section 1. Be it enacted by the People of the State of Illinois ? 
represented in the General Assembly : That any person who shall 
seduce and obtain carnal knowledge of any unmarried female under 
the age of eighteen years of previous chaste character shall, on con- 
viction, be punished by a fine of not less than one thousand dollars 
and not more than five thousand dollars, or by imprisonment in the 
county jail not exceeding one year, or by both such fine and im- 
prisonment, and to stand committed until such fine and costs are 
fully paid; but no conviction shall be had of said crime upon the 
testimony of the female unsupported by other evidence: And pro- 
vided, that the subsequent intermarriage of the parties shall be a bar 
to the prosecution of said offense. 

Approved April 19, 1899. 



DRAM SHOPS — ELECTIONS. 149 



DRAM SHOPS. 



SALE OF LIQUOR PROHIBITED NEAR SOLDIERS 1 HOMES. 

§ 1. Unlawful to sell, distribute or give § 2. Penalty for violation, 
away within 2.000 feet of national „ „ 
homes for disabled volunteer sol- " to 

diers. 

An Act prohibiting the sale, distribution or gift of intoxicating 
liquors near national homes for disabled volunteer soldiers. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That it shall hereafter be 
unlawful to sell, distribute or give away any intoxicating liquors 
within two thousand feet of the boundary of the lands owned and 
used as a home by the national home for disabled volunteer soldiers 
in this State: Provided, this section does not affect the sale, dis- 
tribution or gift of such intoxicating liquors within the boundary of 
the grounds of such home. 

§ 2. Any person, by himself, agent or employe, violating the pro- 
visions of the foregoing section of this act shall, upon conviction 
thereof, be punished by being fined in any sum not exceeding two 
hundred dollars, or shall be imprisoned in the county jail not more 
than six months, or by the infliction of both such fine and imprison- 
ment, in the discretion of the court, for each and every offense. 

§ 3. Whereas, An emergency exists, therefore this act shall take 
effect and be in force from and after its passage. 

Approved April 21, 1899. 



ELECTIONS. 



BALLOT REFORM. 

INSTRUCTION CARDS AND SPECIMEN BALLOTS. 

I 1. Amends Sections 19 and 22 of the Act of 1891: 

§ 19. Posting cards of instruction and specimen ballot. 

I 22. Voters furnished with balllots by the judges; challenge. 

An Act to amend Sections nineteen (19) and twenty-two (22) of an 
act entitled "An act to provide for the printing and distribution 
of ballots at public expense, and for the nomination of candidates 
for public offices, to regulate the manner of holding elections, and 
enforce the secrecy of the ballot," approved June 22, 1891, in force 
July 1, 1891, as amended by acts in force July 1, 1897. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections nineteen (19) 
and twenty-two (22) of an act entitled "An act to provide for the 



150 ELECTIONS. 



printing and distribution of ballots at public exjDense, and for the 
nomination of candidates for public offices, to regulate the manner 
of holding elections, and enforce the secrecy of the ballot," approved 
June 22, 1891, in force July 1, 1891, as amended by acts in force 
July 1, 1897, be amended so as to read as follows: 

§ 19. The judges of election shall cause not less than one of such 
cards to be posted in each voting booth provided for the preparation 
of ballots, and not less than four of such cards to be posted in and 
about the polling places upon the day of election. Judges of elec- 
tion shall, not less than five days prior to an election, cause to be 
conspicuously posted in five or more public places in their voting 
precinct or election district a card of instruction, and a specimen 
ballot printed on colored paper containing the names, residence and 
party or political affiliation of all candidates nominated as herein 
provided and to be voted for in such precinct, substantially in the 
form of the general ballot to be used herein. The officer or officers 
whose duty it is to cause the printing and distribution of ballots 
shall have printed a sufficient number of specimen ballots and de- 
liver the same to the judges of election so as to enable said judges to 
comply with the provisions of this act. In every county of not more 
than one hundred and fifty thousand (150,000) inhabitants the offi- 
cers or authorities charged with the printing and distribution of the 
ballots shall cause to be published, prior to the day of election, in at 
least two newspapers, if there be so many published in such county, 
representing the political parties which cast at the preceding elec- 
tion the largest and next largest number of votes, a list of all the 
nominations made as herein provided and to be voted for at such 
election as near as may be in the form in which they shall appear 
upon the general ballot. 

§ 22. Any person desiring to vote shall give his name and, if re- 
quired to do so, his residence, to the judges of election, one of whom 
shall thereupon announce the same in a loud and distinct tone of 
voice, clear and audible; and if such name is found on the register 
of voters by the officer having charge thereof, he shall likewise repeat 
said name, and the voter shall be allowed to enter the space enclosed 
by the guard rail as above provided. One of the judges shall give 
the voter one, and only one, ballot, on the back of which such judge 
shall endorse his initials in such manner that they may be seen when 
the ballot is properly folded, and the voter's name shall be immedi- 
ately checked on the register list. At all elections when a registry 
may be required, if the name of any person so desiring to vote at 
such election is not found on the register of voters, he shall not re- 
ceive a ballot until he shall have complied with the law prescribing 
the manner and conditions of voting by unregistered voters. If any 
person desiring to vote at any election shall be challenged, he shall 
not receive a ballot until he shall have established his right to vote 
in the manner provided by law; and if he shall be challenged after 
he has received his ballot, he shall not be permitted to vote until he 
has fully complied with such requirements of' the law upon being 



ELECTIONS. 151 



challenged. Besides the election officer, not more than two voters in 
excess of the whole number of voting booths provided shall be 
allowed in said enclosed space at one time. 

Approved April 22, 1899. 



BALLOT REFORM. 

SEPARATE BALLOTS REQUIRED FOR PROPOSITIONS. 

I 1. Amends Section 16 of the Act of 1891: 

I 16. Propositions submitted to vote to be on a separate ballot— form of. 

An Act to amend Section 1G of "An act to provide for the printing 
and distribution of ballots at public expense, and for the nomina- 
tion of candidates for public offices, to regulate the manner of 
holding elections and to enforce the secrecy of the ballot," ap- 
proved June 22, 1891, in force July 1, 1891. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section sixteen of ''An 
act to provide for the printing and distribution of ballots at public 
expense, and for the nomination of candidates for public offices, to 
regulate the manner of holding elections and to enforce the secrecy 
of the ballot,"' approved -June 22, 1891, in force July 1, 1891, be 
amended so as to read as follows: 

§ 16. Whenever a constitutional amendment or other public meas- 
ure is proposed to be voted upon by the people, the substance of such 
amendment or other public measure shall be clearly indicated on a 
separate ballot, and two spaces shall be left upon the right hand 
margin thereof, one for votes favoring the amendment or public 
measure, to be designated by the word '"Yes," and one for votes oppos- 
ing the amendment or measure, to be designated by the word "No," 
as in the form herein given: 



Proposed amendment to the constitution (or other 
measure) ....... 


Yes 


N 


(Here print the substance of the amendment (or 
other measure) ...... 


No 





The elector shall designate his vote by a cross mark, thus: (X). 
The said separate ballot shall be printed on paper of sufficient size 
so that when folded once it shall be large enough to contain the fol- 
lowing words, which shall be printed on the back: "Ballot for Con- 
stitutional Amendment." or the name of any and all public measures 
then to be voted on. This ballot shall be handed to the elector at 
the same time as the ballot containino- the names of the candidates 



152 ELECTIONS. 



and returned therewith by the elector to the proper officer in the 
manner described by this act. All provisions of this act relating to 
ballots shall apply to this separate ballot. 

Approved April 24, 1899. 



CONTESTED ELECTIONS OF JUDGES OF THE SUPREME, SUPERIOR AND 

CIRCUIT COURTS. 

I 1. Amends Section 96 of the Act of 1872, "Elections." 
§ 96. Circuit court to hear certain contests. 

An Act to amend Section 96 of an act entitled "Elections." approved 
April 3, 1872, in force July 1, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section 96 of an act 
entitled "Elections," approved April 3, 1872. in force July 1, 1872, 
be amended to read as follows: 

§ 96. The circuit court shall hear and determine contests of the 
election of judges of the supreme court, clerks of the supreme court, 
judges of the circuit court, judges of the superior court of Cook 
county, and members of the State board of equalization, but no judge 
of the circuit court shall sit upon the hearing of any case in which 
he is a party. 

Approved April 22, 1899. 



ELECTION OF JUDGES OF THE SUPERIOR COURT OF COOK COUNTY. 

\ 1. Fixes the time for the election of § 2. Repeal, 
judges of the superior court of Cook 
county. 

An Act to provide for the election and time of election of judges of 
the superior court of Cook county. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: Each of the sitting judges 
of the superior court of Cook county shall hold his office until the 
expiration of the term for which he was elected; and from and after 
the passage of this act the twelve (12) judges of the superior 
court of Cook county shall be elected as follows: Six (6) judges on 
Tuesday next after the first Monday of November in the year of our 
Lord 1901, and every six (6) years thereafter, and 

Four (4) judges on Tuesday after the first Monday in November, 
in the year of our Lord 1902, and every six (6) years thereafter, and 

One (1) judge on Tuesday next after the first Monday in Novem- 
ber in the year of our Lord 1902, and every six (6) years thereafter, 
and one (1) judge on the first Monday in June in the year of our 
Lord 1903, and every six (6) years thereafter. 



ELECTIONS. 



153 



Each of the judges so elected as provided above shall enter upon 
the duties of his office on the first Monday of December next after 
Iiis election and shall hold office for a term of six (6) years and 
until his successor is elected and qualified. 

§ 2. All acts and parts of acts in conflict with this act are hereby 
repealed. 

Approved April 24, 1899. 



IN CITIES, VILLAGES 



'i 1. Enacting clause. 



Article 1. 

i 1. Manner of adoption. 

$ 2. Notice of election — duties of county 
clerk— expenses of election paid by 
county. 

g 3. Form of ballot. 

\ i. Ballots printed or written upon bot- 
tom of tickets of candidates— count- 
ing ballots. 

% 5. Canvass of ballots. 

I 6. Manner of canvassing by judges. 

I 7. Tally sheets. 

£ 8. Returns made in triplicate— to whom 
made— return of tally sheets— deliv- 
ery of returns and tally sheets — re- 
ceipts for and safekeeping of. 

§ -0. Watchers of canvass. 

'i 10. Canvass of returns by canvassing 
board — declaring the result — copy of 
order for adoption filed with the Sec- 
retary of State. 

% 11. Penalty for neglect of duty or for in- 
terfering with the returns by judges 
or clerks. 

I 12. Officer in charge of returns who steals 
or changes returns or tally sheet 
guilty of felony— penalty. 

§ 13. Other offenses governed by laws of 
this State. 

I 14. Adoption by any village or incorpo- 
rated town. 

I 15. After adoption by any city, town or 
village, laws applicable. 



t 3. 



I 8 
I 9 

§10 



§12. 



AND TOWNS. 

Article 2. 

Election commissioners— appointment 
—term of office— vacancies. 

Commissioners selected from the two 
leading political parties. 

Removal of commissioner— complaint. 

Organization of board— oath — bond — 
opening office — business hours- 
county clerk shall turn over all books 
papers, etc., relating to elections. 

Board to provide all things necessary 
for elections. 

Authorizes the appointment of chief 
clerk and assistants. 

Election precincts organized— number 
of voters in each precinct. 

Registry of votes. 

Appointment of judges and clerks of 
election. 

Notice to judges and clerks of elec- 
tion and examination — exemption 
from jury duty — penalty for refusing 
to serve. 

Judges and clerks selected from the 
two leading parties — veto power of 
commissioners — in disagreements in 
regard to appointments, how selected 
—refusal to serve as judge or clerk- 
prosecutions by commissioners— re- 
moval from office for failure to pros- 
ecute. 

Representation of leading political 
parties in the selection of judges and 
clerks. 



154 



ELECTIONS. 



I 13. County court to confirm appointments 
—notice of confirmation— objections 
to be filed— filling vacancies— com- 
missions— judges and clerks officers 
of the court— appointment when too 
late for confirmation — removal of 
judges and clerks for neglect of duty 
—appointments and confirmations to 
be made thirty-five days before elec- 
tion — appointments or removals 
within five days of election to be re- 
ported to court. 

I 14. Oath of office by judges and clerks- 
form of oath. 

§ 15. Polling and registry places fixed by 
commissioners — police to attend when 
demanded. 

I 16. Clerks of court shall furnish commis- 
sioners with a monthly list of per- 
'sons convicted of penitentiary of- 
fenses — the Governor shall furnish 
October 1st names of persons par- 
doned. 

I 17. Officers in charge of vital statistics to 
furnish monthly statement of deaths 
of males over 21 years old. 

§ 18. Alphabetical list of criminals and de- 
ceased persons furnished to judges 
of election. 

I 19. Notice of time and place by publica- 
tion of registration and election. 

§ 20. Rules and regulations for registration 
and election made by commissioners. 

§21. Election days declared legal holidays. 

I 22. Appointment of judges and clerks at 
the expiration of their term of office. 

§23. Canvassers — appointment of— when 
canvass to be made — record of ap- 
pointment—penalty for refusing in- 
formation. 

1 24. Lodging house keepers to furnish 
sworn statement of number of 
lodgers — contents of statements — 
penalty for failure to comply, 

§ 25. Lodging house keeper failing to com- 
ply with section 24 shall appear be- 
fore board with sworn statement and 
make oral statement as to lodgers- 
time for hearing— penalty for failure 
to appear. 



Article 3. 



Judges of election 
board of registry. 



shall constitute 



§ 2. Qualification of voters. 

\ 3. Board of registry — meeting — three 
books furnished — form of registry 
books — proceeding of board of regis- 
try (1) sessions, oath of applicants; 
(2) entry of names by clerks; (3) 
form of entry; (4) qualification; (5) 
alphabetical list. ruling and headings 
of registry; entries. 

§ 4. Certificate of each day's registration 
made by judges. 

? 5. "Public register" exposed to public 
inspection— challenge of voter— oath 
of voter as to qualification — affidavit 
returned to election commissioners — 
penalty for registered challenged 
person before filing affidavit— oath 
of person who is denied the right to 
be registered. 

'i 6. Second registration day— revising and 
correcting lists— verification lists — 
public register exposed to public 
inspection— return of registers to 
election commissioners. 

I 7. Elections clerks constituted canvass- 
ers—time for canvass — police protec- 
tion — penalty for failure to furnish 
police— penalty for failure to give 
canvassers information. 

I 8. Notice by mail to suspected persons to 
appear before board of registry- 
notice left with party or at address 
given in verification list — postage 
stamps furnished — penalty for neg- 
lect of duty by canvassers— election 
commissioners to investigate com- 
plaints against canvassers. 

\ 9. Third meeting of board of registry, 
time— revising list— no new names 
added— affidavits as to delivery of 
notices to suspects— filing duplicate 
of notice — penalty for failure to- 
make affidavit or for making false 
affidavit — examination of suspects 
under oath— erasure of names — 
restoration of names— neglect of duty 
by clerks — penalty — disability of 
clerk to serve — substitute. 

I 10. At close of last session of board, 
judges shall sign and add certificate 
—public register hung up for in- 
spection—copies of register— printed 
lists for distribution. 

\ 11. Application to have name erased— 
affidavit— notice to person whose 
name is desired erased. 



ELECTIONS. 



155 



§ 12. Docket of application for registration 
or erasure — hearing by commission- 
ers— precincts taken up for hearing 
in numerical order— decision of board. 

§13. County court— hearing of applications 
for registry— affidavit of applicant — 
applications filed and docketed — 
hearing — registry books delivered 
to judges— registration by court shall 
not protect against illegal registra- 
tion or voting. 

§ 14. Appeals from county to Supreme 
Court. 

? 15. List of persons added to or erased from 
registry, printed and posted at polls 
on election day with original register 
and delivered to voters on demand. 

'{ 16. General registration— personal appear- 
ance for application for registry — 
method of procedure. 

§ 17. At elections held between general 
registrations, the last general regis- 
tration shall be revised and used — 
meeting of board— transfer of names 
from one precinct register to another 
—certificate of removal— application 
for certificate — change of residence 
in same precinct— registration in one 
precinct no bar to registry if person 
has moved and is qualified to vote — 
erasure of name from register in 
precinct from which he moved. 

§ 18. "Verification lists" furnished board of 
registry — duty of clerks. 

§ 19. Registers compared and made to agree 
—judges to sign— return of two regis- 
ters—public record to be hung up. 

§ 20. Clerks constituted canvassers. 

§ 21. Board to see that canvassers observe 
the law— penalties for neglect of duty 
by canvassers— directions to can- 
vassers. 

§ 22. Second meeting of board— revising 
registry— proceedings to agree with 
provisions provided in section 9, arti- 
cle 3. 

i 23. Registers compared and made to agree 
and signed by judges — registry 
closed— certificate of number of vot- 
ers attached — public register hung 
up and return made of the other two. 

§ 24. Board of commissioners to copy regis- 
ters for printing and distribution. 

§25. Hearing of applications for erasure of 
names and proceeding before county 
judge to comply with provisions for 
original or new registration. 



§26. 
I 27. 

§28. 
§29. 



Public registers taken possession of 
by judges on election day— return of 
— copy made in case of mutilation — 
corrections. 

Special and judicial elections— no 
previous revision of registry — affida- 
vit of voter— no one allowed to vote 
unless name is registered except 
upon affidavit. 



Registers in commissioners' office 
open for inspection. 

Judges to call for registers — ballot box 
contnining poll books, blanks and 
stationery delivered to one of the 
judges. 

§ 30. Penalty for mutilating, removing or 
destroying register hanging at place- 
of registry. 

§ 31. Vancancies in board of registry, how 
filled. 

§32. Affidavits— return of to election com- 
missioners by judges of election — 
how sealed — registers to be sealed — 
when opened— return of registers — 
penalty for breaking seal. 

§ 33. Election commissioners to keep a 
record of condition of package con- 
taining registers; also condition of 
registers— registers can only be in- 
spected in the presence of a clerk of 
the election commissioners. 

§ 34. Penalty for judges or clerks copying 
or imparting any information con- 
tained in any register or affidavit. 

Article 4. 

§ 1. Time of opening and closing polls- 
attendance of judges and clerks. 

I 2. Absent judges and clerks — substitutes 
—oath of office— upon appearance of 
regular judge or clerk substitute 
shall cease to act— penalties- for wil- 
ful absence— penalties for detention 
of register or poll book. 

§ 3. Ballot box shall be shown to be empty — 
to be kept in public view — penalty for 
obstructing view or removing ob- 
structions—removal of obstructions. 

§ 4. Poll books kept by clerks. 

§ 5. Questioning voter— challenge— oath- 
decision by majority of judges — 
swearing in vote— record of and affi- 
davit returned to commissioners — 
marking registers. 



156 



ELECTIONS. 



§ 6. No one shall vote who is not registered. 

g 7. Challengers— appointment, duties and 
privileges — rights and privileges of 
political parties to be represented by 
challengers. 

3 8. Judges of election to keep the peace. 

% 9. Canvass of vote by judges— police pro- 
tection — who may be present. 

§ 10. Manner of canvassing votes— judges 
to announce number of votes of can- 
didates. 

^ 11. Stringing ballots. 

% 12. Propositions to be voted for to be on 
ballots with candidates— manner of 
canvassing. 

I 13, Tally sheets and returns of proposi- 
tions submitted to vote— penalties for 
neglect. 

$ 14. Proclamation of result of canvass 
made by judges in succession. 

? 15. Returns of canvass by the judges- 
how made, to whom delivered, and 
how— indorsement on envelopes. 

§ 17. Poll books placed in ballot box— ballot 
bos locked— how sealed. 

•§ 18. Ballot box, key, statement of votes 
and tally sheets— manner of delivery 
to board of commissioners— receipts. 

1 19. Ballot box received and"opened by the 
board of election commissioners. 

Article 5. 

§ 1. Canvass of returns by canvassing 
board, tabulation by sheets. 

§ 2. Result of canvass— abstract entered of 
record by county court— copy filed 
with county court — returns made to 
Secretary of State— effect of return. 

'i 3. Certificates of election to county and 
town offices. 

$ 4. Certificates of election to city offices. 

§ 5. Canvassing board shall declare result 
of election— tie vote, how decided. 

$ 6. Canvassing board to investigate 
changes in returns or suspected 
fraud— witnesses may be examined. 

§ 7. County judge to be president of can- 
vassing board— majority may declare 
the result. 



Article 6. 

I 1. Penalties for personating an elector, 
giving ficticious name, double regis- 
tration, false registration or erasure 
of qualified voter by fraudulent 
means— intimidation, deception, in- 
terference or inducing others to vio- 
late the law. 

§ 2. Penalties for illegal voting, intimida- 
tion, interference, violation of law or 
inducing or compelling others to vio- 
lation. 

§ 3. Judges or clerks— false lists or entries. 

§ 4. Judges— refusing legal ballot— receiv- 
ing illegal ballot— omitting to chal- 
lenge — punishment. 

I 5. Officers of election making false can- 
vass, false return, or who shall de- 
face, destroy or conceal any return- 
punishment. 

I 6. "'Stuffing" the ballot box— punishment. 

I 7. Officers of election guilty of violation 
of any of the election laws of State- 
punishment. 

I 8. Officers of election having custody of 
records or papers, guilty of theft, 
destroying, mutilating, erasing or 
falsifying such records or papers or 
permitting it to be done — punish- 
ment. 

'i 9. Any person not an officer so offending 
—punishment. 

§ 10. False swearing— punishment. 

1 11. inducing others to swear falsely— pun- 

ishment. 

2 12. Fraudulently changing or substituting 

ballot, furnishing illegal ballot or 
inducing person to deposit a faulty 
ballot— penalty. 

§ 13. Unpardoned convicts voting or offer- 
ing to vote — penalty. 

§ 14. Willful disobedience of judge of elec- 
tion or registration — punishment. 

\ 15. Breach of peace or disorderly conduct 
on days of registration or election. 

§ 16. Interfering with or hindering judges 
or clerks in the discharge of their 
duties, molesting the canvass or in- 
terfering with challengers or watch- 
ers—punishment. 

I 17. Destruction or concealment of ballot 
box, ballot, poll list, report, return or 
certificate— punishment. 



ELECTIONS. 



157 



§ 2. Per diem of judges and clerks in 
counties of the 3d class. 

§ 3. Number of days allowed judges and 
clerks. 

§ 4. City to pay election expenses at which 
city officers are elected. 

§ 5. County to pay expenses of general 
State and county elections. 

? 6. Election commissioners shall audit 
claims of judges and clerks, and 
shall draw warrants. 

Article 8. 

§ 1. Provisions of act shall be applicable- 
in villages and towns adopting it- 
exceptions. 

i 2. Election commissioners in cities shall 
be ex-offlcio commissioners of vil- 
lages and towns in the same county. 

? 3. Returns of election for villages and 
towns— canvass of returns. 



I 4. 



Returns of villages and towns for offi- 
cers other than town officers. 



§ 18. Judges and clerks— making illegal 
registration, receiving illegal vote or 
proceeding with canvass without the 
concurrence of a majority of the 
judges— punishment. 

§ 19. Judge of election absenting himself 
without urgent necessity— punish- 
ment. 

§ 20. Officers of election or any person 
within polling place electioneering- 
punishment. 

§ 21. Intoxicating liquors prohibited in 
place of registration or election — 
punishment. 

§ 22. Irregularities in conducting elections 
— punishment. 

I 23. Offenses further defined— "Election" 
and "Householder"' defined. 

I 24. Payment of fines. 

I 25. Recovery of forfeitures. 

?26. Election commissioners to aid in 
prosecution of offenses, and when in 
session to keep the peace. 

Article 7. 

§ 1. Compensation paid by counties— classi- 
fication by counties— salaries of com- 
missioners and chief clerk in coun- 
ties of the 1st, 2d and 3d class- 
expenses of board paid by city- 
salaries and expenses audited by 
county judge and paid by county and 
city treasurer. 



An Act to amend an act entitled "An act regulating the liolding 
of elections and declaring the result thereof in cities, villages and 
incorporated towns in this State,'' approved June 19, 1885, in force 
July 1, 1885, as amended by an act approved June 18, 1891, in 
force July 1, 1891. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That "An act regulating the 
holding of elections and declaring the result thereof in cities, 
villages and incorporated towns in this State," approved June 19, 
1885, in force July 1, 1885, as amended by an act approved June 18, 
1891, in force July 1, 1891, be, and the same is hereby, amended so- 
as to read as follows, to- wit: 



? 5. Oaths administered under this act. 



Article I. 

§ 1. That the electors of any city now existing in this State may 
adopt and become entitled to the benefit of this act in the manner 
following: 



158 ELECTIONS. 



Whenever one thousand of the legal voters of such city voting at 
the last preceding election shall petition the judge of the county 
court of the county in which such city is located to submit to a vote 
of the electors of such city the proposition as to whether such city 
and the electors thereof shall adopt and become entitled to the 
benefit of this act, it shall be the duty of such county court to sub- 
mit such proposition accordingly at the next succeeding general 
State or county election; and if such proposition is not adopted at 
such election, the same shall in like manner be submitted to a vote 
of the electors of such city by such county court upon like applica- 
tion at any general State or county election thereafter, and an order 
shall be entered of record in such county court submitting such 
proposition as aforesaid. If one thousand shall exceed one-eighth 
of the legal voters of any such city voting at the last preceding elec- 
tion, then such petition or application need not be signed or made by 
more than one- eighth of the legal voters of such city voting at the 
last preceding election. 

§ 2. The judge of such county court shall give at least sixty days' 
notice of such election by publishing such notice in one or more 
newspapers published within such city for at least five times, the 
first publication to be at least sixty days before the day of election, 
and if no newspaper is published in such city, then by posting at 
least five copies of such notice in each ward sixty days before such 
election; and such court shall enter an order directing the county 
clerk to prepare the necessary blank returns for the use of the judges 
of election substantially in the following form: 

"At an election held in the precinct of the ward 

in the city of in the State Illinois, on the day of 

in the year A. D. , the following vote was cast for 

and against cit}^ election law, to-wit: 

For city election law votes. 

Against city election law votes. 

Certified by us. 

A. B., 

C. D., 

E. F., 

Judges of Election. 

Attest : 

G. H., 

I. J., 

Clerks of Election."' 

Also to prepare separate tally sheets with appropriate headings. 

And it shall be the duty of such county clerk to deliver to the 
judges of all the precincts in such city at such election proper tally 
sheets and blank statements of returns of votes cast for and against 



ELECTIONS. 159 



sucli proposition at such election. And it shall be the duty of the 
said judge of the county court to supervise and direct such matters 
and see that they are properly done. 

Said judge of the county court shall also prepare directions to the 
judges and clerks of election as to the manner of canvassing the 
votes for and against such proposition, keeping tally thereof and 
making returns of the votes as to such proposition in accordance 
with the provisions of this article; also informiRg them therein of 
the penalties of the law imposed upon the judges and clerks for any 
refusal or neglect pertaining to their duties, and such judge of the 
county court shall deliver such directions to the county clerk, direct- 
ing him to have them printed and sent out to such judges and clerks. 
And it shall be the duty of such county clerk to obey such instruc- 
tions. 

And it shall be the duty of the count}' clerk to do and cause to be 
done all things required of him by this article, and for a failure to 
perform such duties he shall, on conviction, be sentenced to the 
countj' jail for not less than six months nor more than twelve 
months, and shall also be removed from his office by the court in 
which such conviction shall be had. 

The county shall pay all expenses connected with such election. 

§ 3. At such election the ballots, so far as they relate to this act, 
shall be written or printed in the following form: '"For city election 
law" or "Against city election law." 

§ 4. The ballot upon such proposition in the form aforesaid must 
be printed or written at the bottom of the ticket containing the 
names of candidat'fs for public offices at such election who are voted 
for by any elector. But if any elector desires to vote upon such 
proposition and does not desire to vote for any candidate for 
any public office, he may vote a ballot prepared as aforesaid 
without the name of any candidate being thereon; but he can not 
by one ballot vote for or against such proposition, and then by an- 
other ballot vote for any candidate for any office at that election. If 
any one shall vote a ballot which shall contain no reference to such 
proposition, or if both forms of ballot, viz: "For city election law" 
and "Against city election law," be upon the same ticket unerased, 
such ballot shall not be counted for or against such proposition. 

§ 5. The judges of such election shall canvass the ballots so cast 
for or against such proposition. They shall count in favor of said 
proposition all ballots, "For city election law," and they shall count 
against such proposition all ballots, "Against city election law." 

§ 6. Such canvass shall be made by such judges in the following 
manner: Before the name or names of any candidate on any ballot 
shall be canvassed one of said judges, the other two sitting on either 
side of him and observing the canvass, shall separate all the ballots 
cast in such precinct into three piles or files, putting together in the 
first pile all those containing the phrase, "For city election law," and 
putting together in the second pile all the ballots containing the 



160 ELECTIONS. 



phrase, "Against city election law," and putting together in the third 
pile all the other ballots of every description. One of said three 
judges shall then count the first pile of ballots in batches of ten, and 
when one batch is counted shall pass the same to the next judge, 
who shall count the same and pass it to the third judge, who shall 
also count it, and when the three shall have finished the count of the 
ten ballots, the last judge shall announce in a loud voice the result, 
"Ten votes for city election law," when the tally clerk shall tally ten 
votes accordingly on each tally sheet for city election law, and so- 
the whole pile shall be counted, and before counting the second pile- 
the clerk shall announce the result or number so entered and cred- 
ited "For city election law," and then the second pile shall be 
counted in the same way in batches of ten, and the result tallied and 
announced in the same way "Against city election law." And there- 
upon it shall be the duty of each of said judges in turn to announce 
in a loud voice the result of the election in that precinct upon that 
proposition. No ballot shall be counted for or against such propo- 
sition unless it be in the form herein prescribed; no account is to be 
kept of the third pile of ballots as to such proposition. 

§ 7. If no tally sheets shall be furnished to the judges and clerks- 
of any precinct relating to such proposition, such clerks shall use 
any piece of paper containing the headings written out by either of 
them: "For city election law," and "Against city election law," and 
tally the vote thereon opposite the respective headings as announced 
to them; and if no blank statements of returns relating to such propo- 
sition be provided or furnished to them, then it shall be the duty of 
said judges and clerks to write out a return in triplicate, in substance 
in accordance with the form found in section 2 of this article. 

§ 8. After ascertaining and announcing the result as aforesaid, 
such judges shall make, fill up and sign triplicate returns or state- 
ments of the votes cast for and against such proposition as aforesaid 
in the form found in section 2 of this article; each of which shall 
be attested by the election clerk, and each of which shall then be en- 
closed and sealed in an envelope, one of which shall be on the outside 
addressed to the juda;e of the county court, one to the clerk of the 
county court, and one to the comptroller of such city or to the officer 
whose duties correspond with those of the comptroller; upon each 
of which statements shall be endorsed •"city election law returns." 
In the same manner the tally sheets shall be signed by said judges 
and clerks, and shall be enclosed and sealed in separate envelopes, 
one of which shall be addressed to the county judge and one to the 
city clerk; upon both of said envelopes shall be endorsed "city elec- 
tion law tallies." On the outside of each envelope shall be endorsed 
whether it contains a statement of the votes cast or the tallies and 
for what precinct and ward. After the envelopes respectively con- 
taining such returns and tallies are closed and sealed, the judges -of 
election shall each write across the folds of such envelopes their 
names, and thereupon each of said judges of election shall take one 
of said returns, and each of said election clerks shall take one of said 
tallies, and shall deliver, each one respectively, to the person or officer 



ELECTIONS. 161 



to whom addressed by noon of the next day, and when delivered he 
receive a receipt therefor from the officer to whom delivered, and it 
shall be the duties of such officers to give such receipts, and to safely 
keep such envelopes unopened until called for by the canvassing board 
herein provided. 

§ 9. At the canvass of the ballots in any precinct in any city where 
such proposition has been submitted it shall be the duty of such 
judges of election, on request, to admit to the room two electors of 
the ward who voted in favor of such proposition and two who voted 
against it, as special watchers of such canvass; and said judges and 
the police officer or other officer of the law present shall protect such 
watchers and see that they are not excluded, and at the time of such 
canvass of the ballots cast for or against such proposition such 
watchers shall be entitled to a position where they can plainly see 
and read each ballot, and it shall be the duty of such judges to 
grant and protect them in such position. 

§ 10. On the sixth day after such election the judge of the 
county court shall call to his assistance two well known electors of 
integrity and character, one of whom voted for and one of whom 
voted against such proposition, who shall constitute a canvassing 
board to canvass the returns and votes so cast for and against such 
proposition. Such canvass shall be conducted in public in the room 
usually occupied by such county court. The envelopes containing 
all the returns and all the tally sheets shall, upon the demand of the 
judge of the county court, be delivered to said board by the officers 
so having either of them in his possession. Thereupon the same 
shall be opened in order and the vote on such proposition ascertained 
and announced. All of such returns and tallies may be used in 
ascertaining the result, and when, in the opinion of said board, any 
doubt exists as to what the actual vote was which was cast for or 
against such proposition in any precinct, or upon the written appli- 
cation of two persons who were at such canvass and who shall 
make oath that they believe that the returns of the said judges of 
election as to such proposition are not correct, said county judge 
shall demand of and receive possession from such county clerk the 
ballots so cast in such precinct at such election, and it shall then be 
the duty of said board to open the envelope containing said ballots 
and to recount the same, and to hear evidence of any person present 
at such precinct canvass touching the same; and thereupon said 
board shall announce and declare the vote cast for and against such 
proposition in such precinct, which shall be conclusive as to the 
ballots so cast; and thereupon the said judge of the county court, 
so having received possession of such ballots, shall again place them 
upon a string or twine and place them in the same envelope, or 
another with like endorsements, and seal the same, and shall write 
across the face thereof, "Opened by the county judge," and sign his 
name thereunder, and shall then return such ballots to the possession 
of the county clerk. Said returns and tallies shall also be returned 
to the officers from whom received, who shall safely keep the same 

—11 



162 ELECTIONS. 



for six months, and then destroy the same if there be no contest. 
At the completion of the canvass of all the precincts in such city, 
the total number of votes cast for and against such proposition in 
the various precincts ascertained as aforesaid shall be added together 
by said board, who shall then declare the total result; thereupon said 
county court shall enter an order declaring the number of votes so 
ascertained cast for and the number of votes cast against such prop- 
osition, and if such proposition shall have received a majority of the 
votes cast for and against the same at such election, the court shall, by 
its order, declare this act adopted. And it shall be the duty of such 
county judge to file a copy of such order in the office of the Secretary 
of State, and thereupon this act shall become operative and binding 
and the law for all elections in such city, and for the electors thereof, 
and all courts and other persons shall take notice thereof. 

§ 11. Any judge of election or clerk of election who shall wilfully 
neglect to perform any duty imposed upon him by this article shall 
be deemed guilty of a felony, and, upon conviction, be imprisoned in 
a penitentiary for not less than one year and not more than three 
years. Any judge of election or clerk of election who shall wilfully 
open, change, tear, mutilate, lose or conceal, or wilfully cause or per- 
mit to be opened, changed, torn, mutilated, lost or concealed, any 
return of votes cast for or against this act, or any tally sheet of votes 
so cast for or against such proposition after the same has been sealed 
up and delivered to him to be carried and delivered to the officer of 
law required by this act to receive the same, shall be deemed guilty 
of a felony, and upon conviction shall be imprisoned in a penitentiary 
for not less than three nor more than five years. 

§ 12. Any officer having possession of such returns, tallies or bal- 
lots, who shall steal, counsel or assist in stealing, or who shall change 
or mutilate any return or tally sheet relating to such election, shall 
be deemed guilty of a felony, and, upon conviction, shall be impris- 
oned in a penitentiary not less than five nor more than ten years. 

§ 13. All other offenses pertaining to the conduct of any elestion 
under this article shall be governed by the laws of the State not in- 
consistent herewith. 

§ 14. Any village or incorporated town in this State may adopt 
this act in like manner, and the same shall be submitted to a vote of 
the people of the said village or town upon written application to 
said county court of 500 electors in such village or town. 

§ 15. After and from the time of the adoption of this act as afore- 
said the xorovisions of the same shall be applicable to such cities, 
villages or towns, and all laws in conflict therewith shall no longer 
be applicable to such cities, villages or towns. But all laws or parts 
of laws not inconsistent with the provisions of this act shall continue 
in force and be applicable to any such city, village or town, the same 
as if this act had not been adopted. 



ELECTIONS. 163 



Aeticle II. 

Section 1. In every city, village and incorporated town so adopt- 
ing this act there shall be created a board of election coniaaissioners, 
which shall be composed of three members, each of whom shall be 
designated as an election commissioner, and shall be appointed by 
the county court in the county in which such city, village or incor- 
porated town shall be located. And such appointment shall be en- 
tered of record in such court, and when qualified such commissioner 
shall be an officer of such court. The first appointment of such 
commissioner shall be within sixty days' after the adoption of this 
act, and those first appointed shall hold their offices for the period of 
one, two and three years respectively, and the judge appointing them 
shall designate the term for which each one shall hold his office, 
whether for one, two or three years. If the office of either commis- 
sioner shall become vacant it shall thereupon be the duty of such 
county court to appoint a successor for such unexpired term; after 
the expiration of the term for which each commissioner is appointed 
such court shall, in the same way, nominate and appoint a successor, 
who shall hold his office for the period of three years, and until his 
successor is appointed. 

§ 2. Two of such commissioners at least shall always be selected 
from the two leading political parties of the State, one from each of 
such parties, and all shall be legal voters and householders residing 
in such city, village or incorporated town, and be men of well known 
political convictions and of approved integrity and capacity. No 
commissioner can hold any other public office. Whenever it shall 
come to the knowledge of such judge of the county court that oue of 
the leading political parties of the State is not represented upon such 
commission by a person of the same political faith he shall at once 
remove one of such commissioners and fill the vacancy with a mem- 
ber of the leading political party not so represented. 

§ 3. Such judge of the county court may at any time, upon com- 
plaint made and cause shown satisfactory to him, after notice to such 
commissioner and an opportunity to be heard, remove any such com- 
missioner and enter of record in the court such order of removal, and 
there shall be no appeal from such order. Such complaint must be 
signed and sworn to by at least twenty-five legal voters of such city, 
village or incorporated town, and must state the grounds of such 
complaint. 

§ 4. Within twenty days after such first appointment shall be 
made such commissioners shall organize as a board by electing one 
of their number as chairman and one as secretary, and they shall 
perform the duties incident to such offices. And upon every new 
appointment of a commissioner such board shall reorganize in like 
manner. Each commissioner, before taking his seat in such board, 
shall take an oath of office before such county judge which in sub- 
stance shall be in the following!; form: 



166 ELECTIONS. 



serve, he shall forfeit not less than one hundred dollars nor more than 
three hundred dollars, unless it shall appear that he is not qualified 
for such service for any reason herein stated. 

§ 11. In the selection of judges of election at least one; judge 
shall be selected from one of the two leading political parties or or- 
ganizations of the State to serve in each precinct, and one clerk of 
election shall be selected from each of the two leading political parties 
of the State to serve in each precinct. Each of the commissioners 
shall have a veto upon the proposed selection or nomination of any 
judge or clerk, and if, in any instance, in consequence of such veto, 
the board can not agree upon such appointments, then the names of 
six persons who are eligible shall be selected for judge or clerk, as 
the case may be, by the commissioner or commissioners belonging 
to the leading political party entitled to be represented by such judge 
or clerk, and out of said six names the other commissioner or com- 
missioners representing the other leading political party of the State 
shall select the name of such judge or clerk, who, when so selected, 
shall be the judge or clerk, if otherwise eligible, if he will serve or 
shall be not excused for cause, and if he shall be confirmed by the 
county court. In case the persons so selected for judges or clerks 
do not appear for examination on notification, then some other per- 
sons shall be selected and notified as aforesaid until some eligible 
person is found who will serve. In all cases where the parties afore- 
said do not appear and be examined, or if they do appear and refuse 
to serve, it shall be the duty of the commissioners, by the corporate 
name of the board of commissioners of election, to prosecute such 
persons for such forfeiture above provided, and collect and pay over 
the same into the county treasury, and the failure of such board of 
commissioners of election, or either of them, to rjrosecute such per- 
sons shall be sufficient cause for removal from office, and when estab- 
lished, the county court shall so remove such commissioner or com- 
missioners from office. 

§ 12. The leading political party represented by minority of all 
the commissioners in said board shall be entitled to one of the judges 
and one of the clerks in each precinct with an even number, and to 
two of the judges and one of the clerks in each precinct with an odd 
number, and the other leading political party shall be entitled to two 
judges in the even and one judge in the odd number precincts, and 
also shall be entitled to one clerk in each precinct, and it shall be the 
duty of such commissioners to observe this division in all respects in 
making such appointments. If there should be three political parties 
represented in said board of commissioners, then each of such parties 
shall have one representative as judge in each precinct, as far as 
practicable, to be selected under some rule to be adopted by such 
board, and if there be not three political parties represented on such 
board, yet if there be a third political party in such city respectable 
in numbers, said commissioners may, in their discretion, select a 
judge from said party for each precinct, if a proper person to such 
position can be found, in such manner as said board may agree 
upon. 



ELECTIONS. 



§ 13. After the judges and clerks are selected and have agreed to 
serve then a report of such selections shall be made and filed in the 
county court, and application shall then be made by said board to 
said court for their confirmation and appointment whereupon the 
county court shall enter an order that cause be shown, if any exists, 
against the confirmation and appointment of such persons so named 
on or before the opening of the court on a day to be fixed by the 
court. And said board of commissioners shall immediately give 
notice of such order and the names of all such judges and clerks so 
reported to such county court for confirmation, and their residence 
and the precinct for which they were selected, by causing the same 
to be published in one or more newspapers in such city, village or 
incorporated town, and if no newspaper ba published in such city, 
village or incorporated town, then by posting such notice in three of 
the most public places in such city, village or town, and if no cause 
to the contrary be shown prior to the day fixed, such appointments 
shall be confirmed by order entered by that court. If objections to 
the appointment of any such judge or clerk be filed within the time 
aforesaid, the court shall hear such objections and the evidence 
introduced in support thereof, and shall confirm or refuse to con- 
firm such nominations as the interests of the xrablic may require. 
No reasons may be given for the refusal to confirm. If any vacan- 
cies shall exist by reason of the action of such board or otherwise, at 
any time, the said board of commissioners shall further report and 
nominate persons to fill such vacancies so existing in the manner 
aforesaid, and a court in the same way shall consider such nomina- 
tions and shall confirm or refuse to confirm the same in the nanner 
aforesaid. Upon the confirmation of such judges and clerks, at any 
time, a commission shall issue to each of such judges and clerks, 
under the seal of such court, and appropriate forms shall be prepared 
by said board of commissioners for such purpose. And after con- 
firmation and acceptance of such commission, such judges and clerks 
shall thereupon become officers of such court and shall be liable in a 
proceeding for contempt for any misbehavior in their office, to be 
tried in open court on oral testimony in a summary way, without 
formal pleadings, but such trial or punishment for contempt of court 
shall not be any bar to any proceedings against such officers, crimi- 
nally, for any violation of this act. Where a vacancy shall occur so 
late that application to and confirmation by the court can not be had 
before the election, then said board of commissioners shall make an 
appointment ana issue a commission to such officer or officers, and 
when thus appointed such officer shall be considered an officer of the 
county court and subject to the same rules and punishment, in case 
of misbehavior, as if confirmed by said court, and any judge or clerk, 
however appointed, and at whatever time, shall be considered an offi- 
cer of court and be subject to the same control and punishment in 
case of misbehavior. Said board of commissioners shall have the 
right, at any time, in case of misbehavior or neglect of duty, to remove 
any judge of election or clerk of election and cause such vacancy to 
be filled in accordance with this act. The judges and clerks of 
election must be appointed and confirmed at least thirty-five days 



16S ELECTIONS. 



prior to the next election; if any vacancy shall occur or exist more 
than five clays before election the judges or clerks appointed to such 
places must be confirmed by such court. Such commissioners shall 
not voluntarily remove any judge or clerk within five days of such 
election except for flagrant misbehavior, incapacity or dishonesty, 
and the reasons therefor must afterwards be reported in writing to 
such court, and if such removal be willful and without cause, said 
commissioners shall be guilty of a misdemeanor under' this act and 
be subject to removal. 

§ 14. After the issue of a commission to such judges and clerks 
they shall again be notified to appear at the office of said board, and 
shall then and there, after taking the oath of office, receive their 
commissions; said oath of office shall be taken before one of said 
commissioners or said chief clerk or some person designated by said 
board of commissioners, and approved by said county court for that 
purpose an 1 who and when so designated and approved shall have 
the right to administer said oath in the name of and for said chief 
clerk, but the number of persons having the right to administer said 
oath by reason of said designation and approval shall not at any time 
exceed five, and the oath of office shall be in writing and subscribed 
by each one, and shall be in substance as follows: 

''I , residing at , in the city (village or 

town) of , in the State of Illinois, do solemnly swear 

(or affirm) that I am a legal voter (and a householder in case of a 

judge) in the ward of the city (village or town) of 

, in in the State of Illinois; that I will support the laws 

and constitution of the United States and of the State of Illinois, 
and that I will faithfully and honestly discharge the duties of the 
office of judge (or clerk) of election and registration for the 

precinct of the ward of the city (village or 

town) of , in the county of , in the State of 

Illinois, according to the best of my ability." 

§ 15. It shall be the duty of said board of commissioners to ap- 
point the place of registry and also the polling place in each precinct 
in such city, village or town, and to give public notice thereof, and 
shall cause the same to be fitted up, warmed, lighted and cleaned, 
but in each election precinct such place or places shall be in the most 
public, orderly and convenient portions thereof, and no building or 
part of a building shall be designated or used as a place of registry 
or revision of registration, or as a polling place, in which spirituous 
or intoxicating liquor is sold. 

Said board of election commissioners may demand of the chief of 
police or the sheriff to furnish officers of the law to attend during 
the progress of any registration, revision or election at any place or 
places of registration, or any polling place or places designated by 
said commissioners, or to attend at any meeting of said commis- 
sioners. Said officers of the law so furnished by said chief of police 
or sheriff shall be stationed in the place or places of registration and 



ELECTIONS. 169 



polling place or places in such manner as said commissioners shall 
direct, and during said assignment shall be under the direction and 
control of the election commissioners. 

§ 16. It shall be the duty of the clerk of any court where parties 
are tried or convicted of penitentiary offenses in the county where 
such city, village or incorporated town is located to furnish monthly 
to such board of commissioners the names of all parties convicted or 
sentenced for any crime the punishment of which is confinement in 
the penitentiary and their place of residence, if such fact be in the 
possession of such clerk. It shall be the duty of the Governor of 
the State, on or before the first day of October in each year, to fur- 
nish to such commissioners of election the names of all persons 
pardoned by him out of the penitentiary for any crime of which 
such pariy was convicted in a court in a county where said city, 
village or incorporated town is located. 

§ 17. It shall be the duty of the person or officer having charge 
of the vital statistics of any such city, village or incorporated town 
to furnish to such board of election commissioners monthly a report 
of the names and previous residences of all male persons over 
twenty-one years of age that have died during the preceding month. 

§ 18. It shall be the duty of the board of election commissioners 
to cause to be arranged, as nearly as possible, according to wards in 
cities and election precincts in villages or incorporated towns, the 
names and the residences, or the former residences, of all such crim- 
inals and of all such deceased parties, and to have the same printed 
by wards in cities and election precincts in villages or incorporated 
towns, and furnish a printed list of the names of such persons whose 
residence was formerly in such wards or precincts to all the judges 
of election of such wards or precincts when acting as a board of 
registry, for their guidance, and when they shall be advised that a 
person convicted of a crime has been pardoned such fact shall be 
noted opposite his name. Such list shall be arranged alphabetically. 

§ 19. It shall be the duty of such board to give timely notice 
through the press of the time and place of registration and election 
in each precinct of such city, village or incorporated town; and they 
shall also cause the printed list and supplement of the registration 
for the previous election to be posted up at the place of registration 
two days before such registration, with a printed notice of the time 
and place of the next registration. This to be obligatory only after 
the first registration under this act. 

§ 20. Said board of commissioners shall make all necessary rules 
and regulations not inconsistent with this act with reference to the 
registration of voters and the conduct of election; and they shall 
have charge of, and make provision for, all elections, general, special, 
local, municipal, State and county, and of all others of every descrip- 
tion, to be held in such city or any part thereof, at any time or in 
such village or incorporated town as the case may be. 



1/0 ELECTIONS. 



§ 21. The days upon which the general, State, county or city 
elections shall hereafter be held in such city, village or incorporated 
town shall be holidays, and shall for all purposes whatever as regards 
the presenting for payment or acceptance and of the protesting and 
giving notice of the dishonor of bills of exchange, bank checks and 
promissory notes, and as regards days of grace upon commercial 
paper, be treated and considered as is the first day of the week com- 
monly called Sunday. 

§ 22. At least sixty days prior to the next election occurring im- 
mediately after the expiration of the term of office of said judges and 
clerks said election commissioners shall cause judges and clerks of 
election again to be selected, who shall be selected, appointed and com- 
missioned in the same way, according to the same forms, and subject 
to the same qualifications and limitations as required for the selec- 
tion and appointment of such officers in the first instance hereunder. 

§ 23. At every election each of the political parties shall have 
the right to designate a canvasser for each election precinct, who 
may make a canvass of the precinct in which he is appointed to act 
not less than twenty (20) nor more than thirty-one (31) days pre- 
vious to such election for the purpose of ascertaining the names and 
addresses of the legal voters residing in such precinct; and author- 
ity signed by the chief clerk of the board of election commissioners 
shall be sufficient evidence of the right of such canvasser to make a 
canvass of the precinct in which he is appointed to act. The chief 
clerk of the board of election commissioners shall issue such certifi- 
cate of authority to any person designated in a written request signed 
by the recognized chairman or presiding officer of the chief manag- 
ing; committee of a political party in such city, village or incorporat- 
ed town; and a record shall be kept in the office of the election com- 
missioners of all appointments of such canvassers. If, in making 
such canvass, any person shall refuse to answer questions and give 
the information asked for and known to him or her, such person shall 
be deemed guilty of a misdemeanor under this act and shall be 
liable to a penalty not exceeding one hundred dollars, and any per- 
son wilfully and knowingly giving false information in answer to 
questions of such canvasser shall be liable to a penalty not exceed- 
ing one hundred dollars. 

§ 24. The landlord, keeper or manager of every lodging house in 
such city, village or incorporated town shall, not less than twenty- 
eight (28) days nor more than thirty (30) days prior to every elec- 
tion, file with the election commissioners a written statement, sworn 
to by him, giving the full name of every person residing in his lodg- 
ing house, the period of the continuous residence of such person 
ending at the date of such statement, the number of the room, bed 
or cot that such person occupies, and the period for which such per- 
son engaged lodging, and such other information as the election 
commissioners may by due regulation designate. Any landlord, 
keeper or manager of any lodging house neglecting or failing to 
comply with the provisions of this section shall be deemed guilty of 



ELECTIONS. 171 



a misdemeanor and shall be liable to a penalty not exceeding $100 
nor less than $25. 

§ 25. Any landlord, keeper or manager of any such lodging 
house who shall fail or neglect to file such statement as in this act 
provided may, upon written information of the attorney for the 
election commissioners, or upon the sworn complaint of any voter of 
such city, village or incorporated town, be cited by the election com- 
missioners to appear before them and furnish such sworn statement 
and make such oral statements under oath regarding such lodging 
house as the election commissioners may require. The election com- 
missioners shall sit to hear such citations on the Friday of the fourth 
week preceding the week in which such election is to be held. Such 
citation shall be served not later than the day preceding the day 
on which it is returnable. Every landlord, keeper or manager of any 
such lodging house failing to appear before the election commis- 
sioners to answer such citation, or, having appeared, failing to file 
the statement required, or to answer the questions propounded, shall 
be liable to the county court in a proceeding for contempt for such 
misbehavior, to be tried in open court on oral testimony, in a sum- 
mary way, without formal pleadings, but such trial or punishment 
for contempt of court shall not be any bar to any proceedings against 
such landlord, keeper or manager of such lodging house criminally 
for any violation of this act. 

Article III. 

Section 1. The judges of -election shall constitute the board 
of registry in the precinct for which they shall be appointed. 

§ 2. Every person having resided in the State one year, in the 
county ninety days, and in the election precinct thirty days next 
preceding any election therein, who was an elector in this State on 
the first day of April, in the year A. D. 1848, or obtained a certifi- 
cate of naturalization before any court of record in this State prior 
to the first day of January, 1870, or who shall be a male citizen of 
the United States above the age of twenty-one years, shall be entitled 
to vote at such election. 

§ 3. Such board of registry and the election clerks shall meet in 
the precinct on Tuesday three weeks preceding the first general 
city, village or town election, or the first general State or county 
election, which may occur after the first appointment of such board 
of election commissioners, at the place designated by such board of 
commissioners, and they shall then proceed to make a general regis- 
tration of all the voters in such precinct. A new general registra- 
tion shall be made by the board of registry in every year in which a 
congressional election occurs and just prior thereto, the first day of 
such registration being on Tuesday four weeks before such election, 
and the second day of registration being on Tuesday three weeks 
before such election. Three registry books shall be furnished to 
such board of registry by the board of election commissioners for 
the purpose of such registration, and two of such books of registry 
shall be prepared substantially in the following form: 



172 ELECTIONS. 



One registry book, which shall be denominated "public register" 
on the outside or on the first page, shall be prepared in such a man- 
ner as to contain only the two columns headed "residence" and 
"name." No other entries shall be made in the public registry ex- 
cept the statements of the names and residences of persons regis- 
tered. Said board of registry shall then proceed as follows: 

First — They shall open the registry at 8 o'clock a. m., and con- 
tinue in session until nine o'clock p. m. on the first day. One of the 
judges shall administer to all persons who shall personally apply to 
register, the following oath or affirmation: 

"You do solemnly swear (or affirm) that you will fully and truly 
answer all such questions as shall be put to you touching your place 
of residence, name, place of birth, your qualifications as an elector, 
and your right as such, to register and vote under the laws of this 
State." 

Second — Each of said clerks of election and one of said judges of 
election shall have charge of the registry books and shall make the 
entries therein required by this act, and one of the judges shall ask 
the questions as to qualifications, and after he is through either of 
the judges may ask questions. As many questions may be asked by 
any judge as may be deemed necessary to fully determine the quali- 
fication of the applicant to register, and any answer that is deemed 
material and that is not in response to a question provided for on the 
register may be stated in the column headed "remarks." One of the 
judges of election may, when necessary, relieve one of the clerks 
from time to time, as necessity may seem to demand, in making en- 
tries in said book. 

Third — The name of every applicant shall be entered in such reg- 
istry books, and all the facts shall be therein stated, as hereinafter 
provided, whether he be entitled to vote or not. If it shall be de- 
termined by the board that he is not a qualified voter in such precinct, 
then an entry shall be made in the appropriate column. "No," and 
if qualified, an entry shall be made in the same column, "Yes." 

Fourth — Only such male persons of the age of twenty-one years 
residing in such precinct as apply personally for registration shall 
be entered in such registers; but every applicant who would be 
twenty-one years of age on the day of the next election, if otherwise 
qualified, shall be entered on such registers. Every applicant 
who has commenced to reside in such precinct at least thirty days 
before such election shall be entered in such registry and shall be 
marked "qualified" or "disqualified," as the case may be; but unless, 
on the day of election he shall have resided for thirty full days in 
such election precinct, he can not vote therein although otherwise 
qualified. 

Fifth — The headings to the registry books shall be so prepared 
that the registry shall be made alphabetically according to the sur- 
name of each person applying, but it shall be arranged so that the 
residences of such persons shall appear in the first column. The 



ELECTIONS. 173 



register shall be ruled, and one name shall be written on each line, 
but no name shall be written between the lines. The entries shall 
be as follows: 

First — Under the column, "Residence," the name and number of 
the street, avenue or other location of the dwelling, if there be a 
definite number, and if there shall not be a number, such clear and 
definite description of the place of such dwelling as shall enable it to 
be readily ascertained. If there shall be more than one house at 
the number given by the applicant as his place of residence, state in 
which house he resides. And if there be more than one family re- 
siding in said house, either the floor on which he resides or the 
number or location of the room or rooms occupied by him, whether 
front or rear; every floor below the level of the street or ground being 
designated as the basement; the first floor above such level being 
designated as the first floor, and each floor above that as the second or 
such other floor as it may be. If there shall be a flat building or an 
apartment house at the number given, state the number of the flat 
or apartment, as the case may be, in which he resides. 

Second — Under the column, "Name," the name of the applicant, 
writing the surname first, and given or Christian name after. 

Third — Under the column. "Nativity," the state, country, king- 
dom, empire or dominion, as the fact stated by applicant shall be. 

Fourth — Under the sub-division of the general column, "Term of 
Residence," the periods by days, months or years stated by the ap- 
plicant respectively, as to "At Present Address," "Precinct," 
"County," "State," and "United States." 

Under the subdivision headed "At Present Address," the term of 
applicant's residence at the street and number given, and if that 
period is less than thirty days xarior to the day of election then the 
applicant shall state at what location in the same precinct he resided 
immediately prior thereto and the length of time, which statement 
shall be entered in the column headed "Remarks." 

Fifth — Under the column. "Age," the age of applicant. Under 
"Naturalized," the word "yes," according to the fact stated. 

Sixth — Under the column, "Date of Papers," the date of naturali- 
zation, if naturalized, or about the date. 

Seventh — Under the column, "Court," the designation of the court 
in which, if naturalized, such naturalization was had; and, if the 
name of the court can not be had with certainty, then the name of 
the place in which such court was located. 

Eighth — Under the column, "By Act of Congress," the word "Yes," 
in case such person, though foreign born, has been made a citizen by 
act of Congress without taking out his naturalization reapers. 

Ninth — Under the column, "Qualified Voter," the word "Yes," or 
"No." as the facts shall appear, or be. determined by a majority of 
the board of registry, it being, however, required of them to desig- 
nate as a qualified voter any male person who, if otherwise qualified, 



174 ELECTIONS. 



shall not at the time of making application be of age: Provided, 
the time when such applicant shall be of the age of twenty-one shall 
be subsequent to the date of his application and not later than the 
day of election immediately following such time of applying; but no 
applicant shall be designated as a qualified voter who, having been 
challenged, has not filed with said board of registry his affidavit of 
qualification, according to the provisions of this act. 

Tenth — Under the column, "Date of Application," the month, day 
and year when the applicant presented himself and was adjudged a 
qualified voter in election precinct. 

Eleventh — Under the column, "Residence When Last Registered, " 
the name and number of the street or avenue from which applicant 
was last registered in the same city, village or town, and the month 
and year in which the election was held for which such registration 
was made. If the applicant has not previously been registered in 
said city, village or town, state "first registration." 

§ 4. At the end of each day's registry or revision of registration 
said judges shall each sign his name at the end of the list on each 
page, so that no new name can be added without discovery, and shall 
also sign a certificate, as hereinafter provided, but before doing so 
the said judges and clerks shall compare the three registers so kept 
and cause any differences to be corrected, and to make the same 
agree in all respects: Provided, that no additional statements shall 
be entered in the public register other than the names and residences 
of persons registered, and said judges shall then attach at the end of 
each register in substance in the words and figures following: 

"We, the undersigned judges of election in precinct of the 

ward of the city of , in the State of Illinois, do jointly and 



severally certify that at the general registration of electors in said 

election precinct on the ■ day of , there were registered by us 

in the said election precinct the names which in this book are en- 
tered, and that the number of registered and qualified voters was and 
is the number of ." 

"Dated ." 

§ 5. Said board of registry shall, on or before noon of the day 
following such registry, hang up the register, which shall be known 
as the public register, at the place of registration, which shall be ac- 
cessible to the public during all business hours, and the other two 
registers shall be returned to the board of election commissioners 
within the time aforesaid. 

Any voter of the ward, village or town shall be permitted to be 
present at the place of registration in said ward and shall have the 
right to challenge any applicant who applies to be registered. And 
when challenged such applicant must make oath and sign an affidavit 
in writing in substance as follows: 

"I do solemnly swear that I am a citizen of the United States, 

am years of age, and that I have resided in the State of Illinois 

for the period of , in the county of for the period 



ELECTIONS. 175 



of , in the precinct of the — ward, in the 

city of , said county and State, for the period of , 

and at No. , street, in said precinct for the period of 

and that I last registered in said city for the election 

of from No. street, and that I have never 

been convicted of any crime, (or if convicted, state the time and when 
pardoned by the governor of any state.'") 

This affidavit shall be signed and sworn to before one of such 
board of registry, and it shall be preserved and returned to the office 
of said election commissioners immediately. If said board of regis- 
try shall deem such affidavit sufficient, and if the board is convinced 
that such person is a qualified voter, then he must, be admitted to 
such register as qualified. Blank affidavits of the character afore- 
said shall be sent out to the judges of all the precincts, and the 
judges of election shall furnish the same on demand and administer 
the oath without criticism. If any judge of election, poll clerk or 
other person, when such applicant has been challenged, shall desig- 
nate such person upon any of the registers as a qualified voter be- 
fore he has made and filed with the board of registry the affidavit of 
the character aforesaid, such judge of election, poll clerk or other 
person shall, upon conviction thereof, be adjudged guilty of a mis- 
demeanor and shall be punished by imprisonment in the county jail 
for not less than ten (10) days nor more than sixty (60) days, or by 
a fine of not less than one hundred dollars nor more than one thous- 
and dollars, or by both such fine and imprisonment. 

And any person claiming to be an elector of any election precinct 
in such city and who, upon application, is denied to [the] right to 
be registered as a qualified voter in such precinct, may make and 
sign an application in writing, under oath, to said board of election 
commissioners in substance in the following form: 

"I do solemnly swear that I, , did on 

make application to the board of registry of the 

precinct of ward, of the city of , and that 

said board refused to register me as a qualified voter in said pre- 
cinct; that I reside in said precinct, am a duly qualified voter and 
entitled to vote in said precinct at the next election." 

All such applications shall be presented to the board of election 
commissioners by the applicant in person between the hours of nine 
o'clock a: m. and five o'clock p. m. on Tuesday or Wednesday of the 
second week prior to the week in which such election is to be held. 

§ 6. On Tuesday three weeks preceding said city, village, town, 
State or county election said board of registry shall again meet at 
the place designated, and said clerks of election shall meet with 
them, and they shall remain in session from eight o'clock a. m. un- 
til nine o'clock p. m. for the purpose of registering all qualified 
voters not before registered and who shall apply in person to be reg- 
istered. The same form shall be observed as to applications made 
on the second day as are required on the first day of registry. 



174 ELECTIONS. 



shall not at the time of making application be of age: Provided, 
the time when such applicant shall be of the age of twenty-one shall 
be subsequent to the date of his application and not later than the 
day of election immediately following such time of applying; but no 
applicant shall be designated as a qualified voter who, having been 
challenged, has not filed with said board of registry his affidavit of 
qualification, according to the provisions of this act. 

Tenth — Under the column, "Date of Application," the month, day 
and year when the applicant presented himself and was adjudged a 
qualified voter in election precinct. 

Eleventh — Under the column, "Residence When Last Registered," 
the name and number of the street or avenue from which applicant 
was last registered in the same city, village or town, and the month 
and year in which the election was held for which such registration 
was made. If the applicant has not previously been registered in 
said city, village or town, state "first registration." 

§ 4. At the end of each day's registry or revision of registration 
said judges shall each sign his name at the end of the list on each 
page, so that no new name can be added without discovery, and shall 
also sign a certificate, as hereinafter provided, but before doing so 
the said judges and clerks shall compare the three registers so kept 
and cause any differences to be corrected, and to make the same 
agree in all respects: Provided, that no additional statements shall 
be entered in the public register other than the names and residences 
of persons registered, and said judges shall then attach at the end of 
each register in substance in the words and figures following: 

"We, the undersigned judges of election in precinct of the 

— ward of the city of , in the State of Illinois, do jointly and 

severally certify that at the general registration of electors in said 

election precinct on the day of , there were registered by us 

in the said election precinct the names which in this book are en- 
tered, and that the number of registered and qualified voters was and 
is the number of ." 

"Dated ." 

§ 5. Said board of registry shall, on or before noon of the day 
following such registry, hang up the register, which shall be known 
as the public register, at the place of registration, which shall be ac- 
cessible to the public during all business hours, and the other two 
registers shall be returned to the board of election commissioners 
within the time aforesaid. 

Any voter of the ward, village or town shall be permitted to be 
present at the place of registration in said ward and shall have the 
right to challenge any applicant who applies to be registered. And 
when challenged such applicant must make oath and sign an affidavit 
in writing in substance as follows: 

"I do solemnly swear that I am a citizen of the United States, 

am years of age, and that I have resided in the State of Illinois 

for the period of , in the county of — for the period 



ELECTIONS. 175 



of , in the precinct of the — ward, in the 

city of , said county and State, for the period of , 

and at No. , street, in said precinct for the period of 

and that I last registered in said city for the election 

of from No. ■ street, and that I have never 

been convicted of any crime, (or if convicted, state the time and when 
pardoned by the governor of any state.'") 

This affidavit shall be signed and sworn to before one of such 
board of registry, and it shall be preserved and returned to the office 
of said election commissioners immediately. If said board of regis- 
try shall deem such affidavit sufficient, and if the board is convinced 
that such person is a qualified voter, then he must, be admitted to 
such register as qualified. Blank affidavits of the character afore- 
said shall be sent out to the judges of all the precincts, and the 
judges of election shall furnish the same on demand and administer 
the oath without criticism. If any judge of election, poll clerk or 
other person, when such applicant has been challenged, shall desig- 
nate such person upon any of the registers as a qualified voter be- 
fore he has made and filed with the board of registry the affidavit of 
the character aforesaid, such judge of election, poll clerk or other 
person shall, upon conviction thereof, be adjudged guilty of a mis- 
demeanor and shall be punished by imjjrisonment in the county jail 
for not less than ten (10) days nor more than sixty (60) days, or by 
a fine of not less than one hundred dollars nor more than one thous- 
and dollars, or by both such fine and imprisonment. 

And any person claiming to be an elector of any election precinct 
in such city and who, upon application, is denied to [the] right to 
be registered as a qualified voter in such precinct, may make and 
sign an application in writing, under oath, to said board of election 
commissioners in substance in the following form: 

"I do solemnly swear that I, , did on 

make application to the board of registry of the 

precinct of ward, of the city of , and that 

said board refused to register me as a qualified voter in said pre- 
cinct; that I reside in said precinct, am a duly qualified voter and 
entitled to vote in said precinct at the next election." 

All such applications shall be presented to the board of election 
commissioners by the applicant in person between the hours of nine 
o'clock a: m. and five o'clock p. m. on Tuesday or Wednesday of the 
second week prior to the week in which such election is to be held. 

§ 6. On Tuesday three weeks preceding said city, village, town, 
State or county election said board of registry shall again meet at 
the place designated, and said clerks of election shall meet with 
them, and they shall remain in session from eight o'clock a. m. un- 
til nine o'clock p. m. for the purpose of registering all qualified 
voters not before registered and who shall apply in person to be reg- 
istered. The same form shall be observed as to applications made 
on the second day as are required on the first day of registry. 



176 



ELECTIONS. 



At the end of such day's registration the said registers shall be ex- 
amined, compared and made to agree: Provided, that no additional 
statements shall be entered in the public register other than the 
names and residences of the persons registered, and they shall then 
be signed by the judges in the same way as at the end of the first 
day's registry, and similar certificates shall be attached thereto. 

The board of election commissioners shall furnish to the board of 
of registry in each precinct a blank book, which shall be named 
"Verification Lists," each page of which shall be ruled into three 
columns, and shall be marked thus: 

REGISTERED NAMES. 



Street Number. 



(Name) 



Street 



Names. 



Such book shall contain pages sufficient to allow six pages for 
each street, avenue, alley and court in the precinct. During the 
progress of the registration, or immediately thereafter, the clerks of 
said board shall transfer all the names upon the register to such '•veri- 
fication lists," arranging them according to the streets, avenues, alleys 
or courts, beginning with the lowest residence number and placing 
them numerically, as near as possible, from the lowest up to the 
highest number. They shall first write the name of such street, ave- 
nue, alley or court at the top of the second column and then proceed 
to transfer the names to such "verification lists" according to the 
street numbers as above indicated. 

If, during either day of registration any registered voter of the 
ward, village or incorporated town shall come before the board of 
registry and make oath that he believes that any particular person 
upon said registry is not a qualified voter, such fact shall be noted; 
and after the completion of such "verification lists" such board, or 
one of said judges, shall make a cross or check mark in ink opposite 
such name. If said judges shall, however, know any person so com- 
plained of is a qualified voter, and shall believe that such complaint 
was made only to vex and harass such qualified voter, then such 
name shall not be put upon such list, but shall go upon such list in 
case any one of the judges desires. Said judges shall, before noon 



ELECTIONS. 177 



of the next day. hang up such public register at the place of regis- 
tration, and within the same period of time return the other two 
registers to the office of said election commissioners. 

§ 7. The clerks of election are hereby constituted canvassers of 
the precinct for which they are appointed, and upon the Wednesday and 
Thursday following the second day of registration, if so much time 
should be required, said two clerks shall go together and canvass 
such precinct, calling at each dwelling place or each house where 
anyone may reside in such precinct, and each dwelling place as indi- 
cated upon said "verification lists," and if they shall rind that any 
person upon their "'verification lists" does not reside at the place 
designated thereby, they shall make a check mark or cross X oppo- 
site such name. 

Whenever deemed necessary by said canvassers, or either of 
them, he or they may demand of the superintendent, captain, lieu- 
tenant or other person having command of the police in such 
portion of the city, village or town, to furnish a policeman to 
accompany them and protect them in their duties when neces- 
sary; and it shall be the duty of such superintendent, captain, 
lieutenant or other person having authority over such police in 
such locality to furnish a policeman for such purpose and in default- 
thereof such superintendent, captain, lieutenant or other person shall 
be deemed guilty of a misdemeanor under this act. and shall be liable 
to a penalty not exceeding one hundred dollars nor less than twenty- 
five dollars. If. in making such canvass, any person shall refuse to 
answer questions and give the information asked for and known to 
him or her. and shall wilfully and knowingly give false information, 
or make false statements, such person shall be deemed guilty of a 
misdemeanor under this act, and shall be liable to a penalty not to 
exceed one hundred dollars. In making such canvass said canvassers 
shall make special inquiry at the residences as designated in the regis- 
try and "verification lists" as to all the persons so registered as 
qualified voters and shall receive information from judges and party 
canvassers. 

§ 8. Immediately upon the completion of such canvass said can- 
vassers, or one of them, shall sign a notice and send the same through 
the United States mail, duly stamped, to the address given upon the 
registry and "verification lists" of all persons named therein against 
whose names they have made a cross or check mark indicating that 
they did not reside at such place as before stated, and also to the ad- 
dress of all persons against whose names said registry board or judge 
of election has placed a check mark or cross in such "verification 
lists," which notice shall require such person to appear before the 
board of registry upon the Saturday following, giving the time of 
such session, and to show cause why his name should not be erased 
from such registry. Proper blanks and postage stamps shall be fur- 
nished for the purpose to said canvassers by the board of commis- 
sioners. A similar notice shall be also served by one of the said 
canvassers either at the time such canvass is being made or before 

— 12 



178 ELECTIONS. 



the following Saturday by leaving the same with the party, if found, 
or if he is not found, at the place designated in such registry and 
"verification lists' 1 by leaving the same at such address, if there be 
such a place. Such notice to be sent through the mail must be 
mailed not later than 12 o'clock Friday noon of the week of such 
canvass. If sufficient postage stamps are not delivered to such can- 
vassers by said, board for the purpose aforesaid, then anyone may 
furnish such postage stamps to such canvassers for that purpose, or 
such canvassers may procure the same at their own expense and 
afterwards render an account therefor to said commissioners, duly 
sworn to, and it shall be the duty of the said commissioners to audit 
such account and cause the same to be paid. It shall be the duty of 
such commissioners, upon application, to deliver to such canvassers 
postage stamps sufficient for the purpose aforesaid, when not deliv- 
ered before, and it shall be the duty of such canvassers, or one of 
them, to apply to said commissioners for such postage stamps if 
sufficient number have not been delivered to them for the purpose 
aforesaid, and any willful neglect of said canvassers to make applica- 
tion for sufficient postage stamps as aforesaid and any willful neg- 
lect of such canvassers to mail the notice aforesaid to all of the parties 
checked and designated as aforesaid, and the willful neglect of such 
canvassers to leave the notice aforesaid at the place designated for 
such person so designated, and any willful neglect to check the name 
of any person on said •'verification lists" transferred from the regis- 
try as aforesaid and not found at the place designated, and any will- 
ful neglect to transfer all the names from the registry as aforesaid 
to such "verification lists" in the manner aforesaid, shall be deemed 
a misdemeanor, and such canvasser or canvassers shall be punished, 
upon conviction thereof, by imprisonment in the county jail for 
not less than one month nor more than one year, and such can- 
vassers shall also be liable to be punished by the county court of the 
proper county as fur contempt, and be fined not less than fifty dol- 
lars, or imprisoned in the county jail by such court for a period not 
exceeding one hundred days, or both, in the discretion of the court. 
And it shall be the duty of said board of election commissioners, 
when complaint is made to them, to investigate the action of such 
clerks or canvassers, and to cause them to be brought before such 
county court and to prosecute them as for contempt, and also, at their 
discretion to cause them to be prosecuted criminally for such willful 
neglect of duty. 

§ 9. On the Saturday following the Tuesday three weeks preced- 
ing such general county, city, village, town or State election, said 
board of registry shall again meet at the place designated, and the 
said clerks of election shall meet with them, and they shall remain in 
session from six o'clock p. m. to ten o'clock p. m., for the sole pur- 
pose of revising their registry, and no new name shall be added. Said 
canvassers, or one of them, shall make out a list of the names of the 
parties checked and designated as aforesaid and to whom such notice 
has been sent, given or left with the 'address, and make and attach 
his or their affidavit or affidavits thereto stating that notice duly 



ELECTIONS. 179 



stamped was mailed to each of said parties at the places designated 
on such list on or prior to twelve o'clock m. of the previous Friday, 
and that notice was also personally left at the said address of each of 
said parties named in said list so attached, if there be any such ad- 
dress, and said canvasser shall also file in the office of the election 
commissioners on or prior to six o'clock p. m. on the Friday previous 
to such revision, an exact duplicate of such list and affidavit or affi- 
davits. Blank affidavits shall be furnished by said commissioners 
for the purposes aforesaid; but if none are furnished, such canvassers 
■shall cause the same to be drawn, and they shall swear to such affi- 
davit before one of the judges of such precinct. If either of said 
canvassers shall wilfully neglect and fail to make such affidavit with 
the list aforesaid attached he shall be punished in the same manner 
as last above provided, and if such affidavit shall be wilfully false 
the maker thereof shall also be punished in the manner last afore- 
said, and shall also be liable for perjury. 

If any person to whom such notice has been sent shall appear be- 
fore the board of registry during the session he shall make oath and 
sign an affidavit, in substance, as follows: 

"I do solemnly swear that I am a citizen of the United States, and 

that I have resided in the precinct of the ...... ward in the 

•city of and the county of and the State of Illinois, 

since the day of and that I have never been con- 
victed of any crime (or if convicted, state the time and when par- 
doned by the governor of any state.)" 

This affidavit shall be signed and sworn to before one of such board 
of registry and it shall be preserved and filed in the office of said 
election commissioners. Thereupon said board of registry shall 
further examine him, and shall also swear such canvassers, and hear 
them upon the question, and they shall also have the power to send 
one or both of said canvassers to make further examination and in- 
quire at the place claimed by such person to be his residence and 
again examine such canvassers touching the same; and if, after such 
further examination and hearing, the majority of said board are of 
the opinion that such person is not a qualified voter in such precinct 
they shall mark the word "Yes" under the column of the register 
marked "Erase" and shall also draw a line in ink under 
his name, which memorandum, in case of any registra- 
tion, shall indicate that the name of such person is erased from 
the register and such person shall not be entitled to vote unless his 
name be restored as hereinafter provided. At the close of said ses- 
sion, if any person so notified to appear at such session has not ap- 
peared and shown cause why his name should not be erased from 
such register, the same shall be erased in the manner aforesaid. Any 
persons having appeared at said session and whose name has been so 
erased may make application in writing under oath to the election 
commissioners upon the Tuesday and Wednesday following such 
revision, between the hours of nine o'clock a. m. and six o'clock p. 
an., ro be restored to such register. Either of said clerks shall have 



180 ELECTIONS. 



the power and right of both in the matter pertaining to such canvass; 
but in case either refuses or neglects to go and make such canvass 
as aforesaid then the other may make such canvass alone. But a 
clerk who wilfully neglects to perform his duty in making such can- 
vass shall be deemed guilty of a misdemeanor, and on conviction 
shall be imprisoned in the county jail not exceeding sixty days nor 
less than thirty days, and shall also be deemed guilty of a contempt 
of court and be punished accordingly as an officer of said county 
court. In case of temporary disability on the part of either can- 
vasser or clerk the judge who belongs to the same party may appoint 
a temporary clerk or canvasser who shall belong to the same party, 
and administer to him the usual oath of office, and he shall perform 
all the duties, of the office until the disability of the regular clerk or 
canvasser is removed. The "verification lists" aforesaid, after the final 
revision, shall be at once returned by the board of registry to the 
board of election commissioners. 

§ 10. At the end of the last session above provided for, the said 
board of registry and said clerks shall comxDare and correct the three 
registers aforesaid and make them correspond and agree: Provided, 
that no additional statements shall be entered in the public register 
than the names and residences of persons registered, and said judges 
shall then, immediately following the last name on each page of the 
register, sign their names so that no other names can be added with- 
out discovery, and shall add the certificate as provided at former 
sessions. And thereupon, and during the forenoon of the next day. 
said judges shall hang up the register, known as the public register, 
in the place of registration for the use of the public and shall return 
the other two registers to the possession of the board of election 
commissioners; and thereupon, the said board of commissioners shall 
at once cause copies to be made of such registers of all names upon 
the same with the address not marked erased, and shall have the 
same arranged according to the streets, avenues, courts or alleys, 
commencing with the lowest number, and arranging the same in 
order according to the street numbers, and shall then cause such pre- 
cinct register, under such arrangement, to be printed in plain, large 
type in sufficient numbers to meet all demands, and upon application 
a copy of the same shall be given to any person in such precinct. 

§ 11. Any voter or voters in the ward, village or town, containing 
such precinct, may, between the hours of 9 o'clock a. m. and 6 
o'clock p. m. of Monday and Tuesday of the week immediately pre- 
ceding the week in which such election is to be held, make appli- 
cation in writing, before such board of election commissioners, to 
have any name upon such register of any precinct in the ward 
erased, which application shall be, in substance, in the words and 
figures following: 

"I (or we) do hereby solemnly swear (or affirm) that 

I (or we) believe that. is not a qualified voter in 

precinct of ward of the city (village or town) of 

, and hence I (or we) ask that his name be erased from 

the register of such precinct." 



ELECTIONS. 181 



Such application shall be signed and sworn to by the applicant 
and filed with said board. Thereupon notice of such application, 
with a demand to appear and show cause why his name shall not be 
erased from said registry, shall be personally served upon such per- 
son or left at his place of residence named in such registry by a 
messenger of said board of commissioners, and, as to the manner and 
time of serving such notice such messenger shall make affidavit; 
said messenger shall also make affidavit of the fact, in case he can 
not find such person or his place of residence, and that he went to 
the place named on such register as his place of residence. Such 
notice shall be served at least one day before the time fixed for such 
party to show cause. Said commissioners shall also cause a like 
notice or demand to be sent by mail, duly stamped and directed, to 
such person, to the address upon said registry, at least two days 
before the day fixed in said notice to show cause. Any voter making 
such application or applications shall be privileged from arrest while 
presenting the same to the board of election commissioners, and 
whilst going to and returning from the board of election commis- 
sioners. 

§ 12. A docket of all applications to said commissioners, whether 
such application shall be made for the purpose of being registered 
-or for the purpose of erasing a name on the register, shall be made 
out in the order of the wards and precincts. The commissioners 
shall sit to hear such applications between the hours of 10 o'clock 
a. m. and 9 o'clock p. m. on the Tuesday, Wednesday and Thursday 
immediately preceding such election. At the request of either 
party to such applications, the commissioners shall issue subpoenas 
to witnesses to appear at such hearings, and witnesses may be sworn 
and examined by the commissioners upon the hearing of said appli- 
cations. Each person appearing in response to an application to 
have name erased shall deliver to the commissioners a written an- 
swer, which shall be, in substance, in the words and figures following : 

"I do solemnly swear that I am a citizen of the United States; that 

I have resided in the State of Illinois since the day of 

, and in the county of , said State, since 

the day of , and in the precinct 

of the ward, in the city of , said county and 

State, since the day of , and that I am 

years of age; that I am the identical person registered in said pre- 
cinct under the name I subscribe hereto." 

This answer shall be signed and sworn to before one of the com- 
missioners, and it shall be preserved and filed in the office of the 
commissioners. They shall take up the wards and precincts in their 
numerical order. The decision of each application shall be an- 
nounced at once after hearing and a minute made thereof, and 
when an application to be registered or to be restored to such regis- 
ter shall be allowed, the said board shall cause the same to be made 
upon the two registers of said precinct so in its possession. And 
where an application to erase a name shall be allowed, said board 
shall cause the same to be erased forthwith. 



182 ELECTIONS. 



§ 13. The county court of the county in which such city, village 
or incorporated town shall be located shall on Friday and Saturday 
of the week prior to the week in which such election is to be held, espe- 
cially sit to hear such applications as shall be made to it to be placed 
upon the register in any particular precinct. Such application shall be 
sworn to, and shall state that the party making the same has applied 
to the board of registry of the precinct and to the board of election 
commissioners, and that one or both boards refused to place him 
upon such registry, or has stricken his name from such regis- 
try, as the case may be. Application shall be made on or 
before the opening of the court on the Friday last aforesaid 
and the court shall cause a docket of such applications to be 
made out, arranged by wards and precincts, and the same 
shall be heard summarily and evidence may be introduced 
for and against such applications. Each case shall be decided at 
once on hearing and the clerk of the court shall make a minute of 
the disposition of each application; a copy of such minute shall at 
once be given to said commissioners who shall forthwith cause such 
names to be placed upon the ax>propriate register, and indicate that 
it was entered by order of court. After the entry of the applications 
so allowed by said court no further change shall be permitted and 
the appropriate stamp prepared shall be affixed to the end of each 
page of names in each precinct registered by said board of commis- 
sioners. Said books of registry so prepared shall, on the day prior 
to the election, be delivered to the judges of election, one only, how- 
ever, to be delivered to the judge or judges representing the same 
political party. No person admitted to the registry by order of such 
court or such board shall be protected by such order in case he should 
be indicted for false registration or false voting. 

§ 14. In case said county court shall refuse any such application 
an order shall be entered accordingly on the Wednesday following 
the session of the court held for the purpose aforesaid and any per- 
son desiring to appeal from the said order may appeal to the supreme 
court of the State, if application be made therefor within five days 
after the eutry of said order, and such appeal shall be allowed on the 
giving of an appeal bond in the penalty of $250, conditioned to pay 
the expenses of such appeal. The time for filing such appeal bond 
and certificate of evidence shall be fixed by the court, and upon pre- 
sentation to the court of a certificate containing the evidence heard 
at such hearing within the time fixed by the court, the court shall 
sign the same and thereupon the same shall become part of the 
record in said cause. 

§ 15. A supplemental list of all persons who shall have been reg- 
istered by order of said board, or by order of such county court, and 
a supplemental list of all persons erased from such registry by order 
of said board of commissioners or of said county court, of sufficient 
cpaantity to accommodate each precinct, shall be printed by such 
board; and thereupon, on the day of election, said board shall cause 
to be posted up at each precinct where such election is to be held 
the original printed registry and supplemental lists aforesaid and 



ELECTIONS. 183 



shall also cause a copy thereof to be delivered to each judge and 
clerk and to all other persons of the ward, village or town demand- 
ing the same. 

§ 16. Every general registration shall be made in the same man- 
ner and in conformity with directions heretofore given. At every 
general registration every person desiring registration must appear 
in person and make application under oath, as in the case of the 
first registration herein provided. The same form and blanks and 
methods of proceedings shall be had before and by the board of regis- 
try, and by the canvassers and by and before the judges of election 
and election clerks, and by the board of election commissioners and 
county court, in every subsequent general registration as is directed 
herein for the first registration and election following the same. 

§ 17. At every election held in each city, village or incorporated 
town between the general registration above referred to (except in 
case of a special election in and for such city, village or town, or in 
some part of such city, village or town, and except at any judicial 
election held between such general registrations, at which election 
no other officers than judicial officers are to be voted for), the last 
general registration shall be used, but the same shall be revised by 
the board of registry of each precinct where such election is to be 
held, and for that purpose the board of registry shall meet on Tues- 
day, three weeks preceding such election, and shall hold a session 
from 8 o'clock a. m. to 9 o'clock p. m. on that day, and names may 
be added to the registers in the same way, upon sworn application, 
as in the case of a general registration and all the other forms and 
requirements are to be observed. 

If a voter remove from one place to another in the same precinct 
such party must appear before such board of registry when in session 
and rcake oath as to such removal, and the registers shall be cor- 
rected accordingly, and if not corrected such person can not vote: 
P roc [tied, that any voter making such removal subsequent to the 
last session of such board of registry preceding such election, may 
make oath before one of the judges of such precinct that he is the 
identical person whose name appears upon the register as having been 
registered at some other place in such precinct (naming the place) , 
and giving the date of his removal, (which shall be subsequent to the 
last session of the board of registry previous to the day of election) , 
and such statements shall be verified by two householders, residing 
in such precinct, that he is the identical person so registered at such 
other plac-e in the precinct, whereupon such judges of election, if 
they believe him to be the same iDerson registered at such other 
place, and that he made the removal at the time specified in such 
sworn statement shall receive his vote. 

The fact that a voter is registered in one precinct from which he 
has removed shall not prevent him from being registered in another 
precinct into which he has removed: Provided, he is otherwise en- 
titled to be registered therein: And, provided farther, that it shall 
be the duty of the board of election commissioners to remove his 



184 ELECTIONS. 



name from the registry book of the former precinct immediately on 
the registers being returned into their office; and it is made the duty 
of the judges of election to question every voter offering himself to 
be registered as to whether he was or is registered in any other pre- 
cinct, and to make a note of the fact of such registration and his ad- 
dress, at the time he so registered, in a column to be provided in two 
registry books for that purpose. 

§ 18. Blank books, named "verification lists," shall be furnished 
to the board of registry in all intermediate registrations the same as 
in case of a regular or general registration as provided for in section 
6, article 3 hereof, and the clerks of election shall transfer to said 
•'verification lists" all of the names already upon the registry at the 
commencement of sush intermediate registration, and all new names 
added thereto on such day of intermediate registration, in the same 
manner and form as provided in said section 6, and the duties of the 
judges and the clerks in regard to such "verification lists" shall be 
the same as provided in said section last mentioned. 

§ 19. At the end of such session such registers shall be made to 
agree, and where there is any difference the majority of said board 
shall decide the same: Provided, that no statements shall be entered 
in the public register other than the names and addresses of persons 
registered; and then each of said judges shall sign each page of each 
register made, below the last name on each page, so that no name 
can be added thereto without discovery, and the usual certificate 
shall be added. Two of such registers shall be returned to said board 
of election commissioners by noon next day and the one called the 
"public register" shall be hung up in the place of registration. 

§ 20. The clerks of election of such intermediate registration are 
hereby constituted canvassers of the precincts in which they are ap- 
pointed and the same duties are imposed upon them and upon all 
other persons in reference to such canvass as are required to [of] 
such canvassers under section 7. article 3, hereof. 

§ 21. In the matter of such intermediate registration notices 
shall be given as required by section 8, article 3, hereof, and every 
provision of said section 8, and every duty, penalty and punishment 
therein provided shall be applicable and in full force as to such in- 
termediate registration. Said board of registry is specially charged 
to look after such canvassers and see to it that the law is observed in 
all its parts by such canvassers, and any willful neglect shall render 
such judges liable to the same extent and for like rjenalties and pun- 
ishment as are such canvassers hereunder. The board of election 
commissioners shall give special directions to such canvassers in 
writing or print in regard to their duties as such, and the penalties 
to be incurred by them for the neglect thereof, and also to the reg- 
istry board of their duties in making such revision, in order and to 
the end that no name shall be left upon such registry of any person 
not entitled to vote in such precinct. 

§ 22. On Saturday following the Tuesday of such intermediate 
registration such board of registry shall meet again at the place 



ELECTIONS. 185 



designated, and said clerks of election shall meet with them, and 
they shall remain in session from 6 o'clock p. m. until 10 o'clock 
p. m., for the purpose of revising such registry, and thereupon such 
proceedings shall be had and taken by said canvassers and said board 
of registry as are provided for in section 9. article 3, hereof, and all 
the duties to be performed and all the penalties and punishments 
therein provided shall be applicable and in force as if here again 
repeated with reference to such intermediate registration and canvass 
and revision. No new names shall be added at such meeting. Said 
"verification lists" shall be disposed of as provided in section^). 

§ 23. The three registers shall then be compared and be made to 
agree where there is any difference, except that no additional state- 
ments shall be entered in the public register other than the names 
and residences of the persons registered, and all three shall be signed 
at the bottom of each page by all of said judges immediately under 
the last name on that page so that no new names could be added 
without discovery. Such revision of the registry by said board of 
registry shall then be considered closed, and no other names can be 
added by said board, and a certificate of the number of qualified 
voters shall then be attached, and one of said registers, designated 
as the public register, shall then be hung up at the place of registra- 
tion for public inspection at all times prior to the. election; and the 
other two books of registry shall, by noon of the next day, be re- 
turned to the said board of election commissioners. 

§ 21. Said board of election commissioners shall, immediately 
upon the return of said registers, cause the registry of each precinct 
to be copied and arranged according to street numbers as in case of 
the first registration and shall cause a suitable number of each pre- 
cinct to be printed for distribution; and shall cause a copy thereof 
to be posted, and copies given to the judges and clerks, as provided 
in case of first registration; and also to furnish printed supplemen- 
tal lists as before directed as to the first registration. 

§ 25. Said board of election commissioners shall hear applications 
for the erasure of names upon the registry and for the registration of 
persons thereon in the same way and form and at the same time or 
times as is provided with reference to such original or new registra- 
tion, and the same methods are to be adopted and in all particulars 
the proceedings shall be the same before the board of election com- 
missioners and before the county judge with reference to reinstate- 
ment and erasures as is provided for with reference to sucli original 
or new registration. 

§ 26. On election day said judges shall take possesssion of said 
third or public register, and after such election and on the next day, 
all three of said registers shall be returned to said board of election 
commissioners, and said third public register shall, immediately after 
such election, be corrected by said board of commissioners so as to 
correspond with the other two registers, or in case it shall be muti- 
lated, or in case any register of any precinct shall be lost, said board 
of commissioners shall cause a true copy to be made from the other 



186 ELECTIONS. 



register or registers: Provided, that no statements shall be entered 
in the public register other than the names and residences of the 
persons registered so that prior to the next meeting of the board of 
registry there shall be three registers for each precinct. This sec- 
tion is made applicable, and it shall be made the duty of the judges 
of election to observe it, after each and every election. 

§ 27. At any special election occurring in a portion of such 
city, village or town, only, or which is to fill a vacancy occurring 
in a single office, and at all judicial elections at which no other 
than judicial officers are to be elected, there shall not be a previous 
revision of the registry. But at such special or judicial election 
any legal voter of a precinct shall be entitled to vote in case he shall 
file with the judges of election an affidavit, stating the time when he 
removed into such precinct and the length of his legal residence in 
such precinct, county and State, and and that he has removed into 
that precinct since the last registration of electors at the last 
election, and that he is a legal voter of such precinct, supported by an 
affidavit of a registered voter and householder of the precinct that 
he knows such person, and that his statements as to his time of resi- 
dence as aforesaid are correct, and that such person is a legal voter 
in such precinct. But it shall be the duty of such judges of election 
to examine him. on oath as to his qualifications; and if they are of 
the opinion that he is not a legal voter, or did not remove into such 
precinct since the last general or intermediate registration they shall 
not accept his vote. The books of registry shall be used at such 
elections and no one can vote unless upon such registry except 
under the circumstances and through the method aforesaid. All 
affidavits shall be returned to the office of such election commission- 
ers by the judges of election after every registration and after every 
election. 

§ 28. The registers in the office of the election commissioner 
shall at all times be orjen to public inspection without charge. 

§ 29. Said judges of election of any precinct shall, on the day 
preceding any election, call at the office of said commissioners and 
receive two registers of such precinct, one being received by the 
representative of one leading political party, and the other by the rep- 
resentative of the other leading political party. The ballot box of 
such precinct shall be delivered to one of said judges, with the key, 
and it shall contain the poll books and all the blanks and stationery 
required for such election. 

§ 30. If any person shall wilfully remove, mutilate or destroy the 
public register hanging up at the place of registry, he shall be 
guilty of a misdemeanor, and, upon conviction, shall be imprisoned 
in the county jail not less than three months nor more than twelve 
months. 

§ 81. Any vacancy upon such board of registry, on the day of 
registration, shall be filled by the judge or judges present, always, 
selecting a person of the same political party as the party absent, 
and the same oath shall be administered by one of the judges pres- 



ELECTIONS. 181 



ent to such temporary judge as provided for regular judges. When- 
ever any regular judge shall return or be present such temporary 
incumbent shall vacate his office. 

§ 32. All affidavits left with the judges of election at any regis- 
tration, revision of registration or election shall be immediately re- 
turned to the office of the election commissioners. Said affidavits, 
before being so returned, must be enclosed in an envelope provided 
for that purpose, which shall then be securely sealed with sealing 
wax or other adhesive material, and each of the judges shall write 
his name across the seal. Said judges of election of any precinct 
shall on the day preceding any registration or election, and upon the 
day of any revision, call at the office of said commissioners and re- 
ceive the registers of such precinct, each register except the public 
register being enclosed in an envelope and sealed with a stamp of 
the chief clerk of the election commissioners" office. Such envelope- 
shall not be opened by the judges of election until the beginning of 
the session of registration, revision or election at which the register 
is to be used, and shall only be opened when all of the judges are 
present. Immediately at the close of any registration, revision or 
election, each of the registers except the public register shall be en- 
closed in an envelope provided for that purpose and securely sealed 
with sealing wax or other adhesive material, and each of the judges 
and each of the election clerks shall write his name across every fold 
at which the envelope, if unfastened, could be opened. Thereupon 
a judge of each of the leading political parties shall take one of such 
registers so enclosed and sealed and, within the time specified in this 
act, shall deliver said envelope with register enclosed to the board of 
election commissioners, with the seal unbroken, and receive a receipt 
therefor. There shall be endorsed upon the back of such envelope- 
the number of the precinct and ward of the enclosed register, and 
the signature of the judge who delivers the same to the election com- 
missioners. If any judge of election shall break the seal of, or open 
any envelope containing, affidavits or registers, or shall permit any 
person to open any such envelope, or break the seal thereof, while 
the same is in his custody, he shall be deemed guilty of a misde- 
meanor and, upon conviction, shall be imprisoned in the county jail 
not less than three months nor more than twelve months. 

§ 33. The said board of election commissioners, upon the receipt 
of said register so enclosed, shall note the condition of the seal of 
said envelope and the signatures of the judges and clerks thereon, 
and enter the fact touching the same upon a book to be kept by 
them, together with the name of the officer who returned such regis- 
ter. They shall thereupon open said envelope and remove the regis- 
ter contained therein and note upon the same memorandum book its 
condition. The public shall not have access to such register except 
in the presence of a clerk of the election commissioners and under 
the direction of the chief clerk. 



188 ELECTIONS. 



§ 34. Every judge of election, or poll clerk who shall copy any 
statement contained in any register or affidavit provided in this act, 
with the intent to use said statement illegally: 

Or shall at any election give to any person information contained 
in any register to assist or aid any person to do any act by law for- 
bidden or in this act constituted an offense: 

He shall, upon conviction thereof, be adjudged guilty of a misde- 
meanor, and shall be punished by imprisonment in the county jail 
for not less than three months nor more than twelve months. 

Article IV. 

Section 1. The election polls shall be open at six o'clock in the 
morning and continued open until four o'clock in the afternoon of 
the same day, at which time the polls shall be closed, and if any judge 
or clerk shall be behind time for fifteen minutes after the time for 
opening such polls, he shall be guilty of a misdemeanor under this 
act and punished accordingly. No judge or clerk shall absent him- 
self to exceed five minutes at any time until the ballots are all cast 
and counted and returns made. And when absent for any cause 
said judge or clerk shall authorize some one of the same political 
party with himself to act for him until his return. 

§ 2. If any judge or clerk shall not be present after the expiration 
of fifteen minutes from the time to open the polls, the judge or judges 
present shall fill the place of such absent judge or clerk, always se- 
lecting a person of the same political party as the party absent. And 
one of the judges shall administer to such substitute the oath as re- 
quired of the judge or clerk originally appointed, and blank forms 
shall be sent out by the commissioners for such purpose, which oath 
shall be preserved and returned to the commissioners, and such ap- 
pointee shall be considered an officer of the county court, and subject 
to the same punishment and penalties as any other judge or clerk. 
Whenever such regular judge or clerk shall be present such substi- 
tute shall cease to act. Any judge or clerk who shall wilfully absent 
himself from the polls on election day without good cause, shall be 
guilty of a misdemeanor, and be subject to a fine or penalty of five 
hundred dollars. And if such judge or clerk shall wilfully detain 
any register or poll book, and not cause it to be produced at the poll- 
ing place at the opening of the polls, or for fifteen minutes thereafter, 
he shall be deemed guilty of a misdemeanor, and, on conviction, shall 
be imprisoned not less than three months nor more than one year in 
the county jail, or be fined not less than two hundred dollars nor 
more than one thousand dollars. 

§ 3. Before voting begins the ballot box shall be empty; and shall 
be opened and shown to those present to be empty; and it shall not 
be removed from the public view from the time when it is shown to 
be empty until after the close of the polls. It shall be locked and 
the key delivered to one of the judges, and shall not be again opened 
until the close of the polls. The judges of election shall each be held 
guilty of a misdemeanor, and, on conviction, shall be fined a thousand 



ELECTIONS. 189 



dollars if such ballot box shall not be kept constantly in public view 
during the progress of the election; unless it shall be shown by such 
judge that he protested against such obstruction of the view of the 
ballot box and was overruled by a majority of the judges. If any 
barricade or other obstruction of any kind shall be, prior to or during- 
such election, interposed, so that all who desire can not constantly 
see such ballot box. it shall be the duty of such judges to remove such 
obstruction on request or on their own motion, and if such obstruc- 
tion shall not be removed on request it shall be the duty of any 
sheriff, constable or police officer to remove the same on request. 
And such judges shall be guilty of a misdemeanor and liable to a 
penalty of a thousand dollars, on conviction, for not removing the 
same on demand, and shall be imprisoned in the county jail not less 
than six months nor more than two years. Any judge or justice of 
the peace shall have jurisdiction, on complaint, to issue a warrant 
to any constable, or the sheriff of the county, to remove such obstruc- 
tion as a nuisance; and in executing such warrant he may call any 
person to his assistance, and no other officer of the law or private in- 
dividual shall interpose or interfere with such removal; and if he 
does he shall be guilty of a misdemeanor and, on conviction, shall be 
imprisoned in the county jail not less than sixty nor more than 
ninety days. 

§ 4. Each of the clerks of election shall keep a poll book which 
contains a column headed "Number,"' another headed ■■Residence.' 7 
and another headed "Names of Voters.'" The name of such elector 
voting shall be entered upon each of the poll books by the clerks in 
regular succession, under the proper headings, and the number of 
such voter placed opposite the name in the column headed "Number." 

§ 5. Any person desiring to vote and whose name is found upon 
the register of voters by the person having charge thereof, shall then 
be questioned by one of the judges as to his nativity, his term of 
residence at present address, precinct, county, State and United 
States, his age, whether naturalized and if so the date of naturaliza- 
tion papers and court from which secured, and he shall be asked to 
state his residence when last previously registered and the date of 
the election for which he then registered. If such person so regis- 
tered shall be challenged as disqualified, the party challenging shall 
assign his reasons therefor, and thereupon one of said judges shall 
administer to him an oath to answer questions, and if he shall take 
said oath he shall then be questioned by said judge or judges touch- 
ing such cause of challenge, and touching any other cause of disquali- 
fication. And he may also be questioned by the person challenging 
him in regard to his qualifications and identity. But if a majority 
of the judges are of the opinion that he is the person so registered 
and a qualified voter, his vote shall then be received accordingly. 
But if his vote be rejected by such judges, such person may after- 
ward produce and deliver an affidavit to such judges, subscribed and 
sworn to by him before one of said judges, in which it shall be stated 
how long he has resided in such precinct, county and State; that he 
is a citizen of the United States, and is a duly qualified voter in sucli 



190 ELECTIONS. 



precinct, and that he is the identical person so registered. Also 
supported by an affidavit by a registered voter who is a householder 
residing in such precinct, stating his own residence, and that he 
knows such person; and that he does reside at the place mentioned 
and has resided in such precinct, county and State for the length of 
time as stated by such person, which shall be subscribed and sworn 
to in the same way. Whereupon the vote of such person shall be 
received and entered as other votes. But such clerks and the judges 
having charge of such registers shall state in their respective books 
the facts in such case, and the affidavits so delivered to said judges 
shall be preserved and returned to the office of the commissioners of 
•election. Blank affidavits of the character aforesaid shall be sent out 
to the judges of all the precincts, and the judges of election shall 
furnish the same on demand and administer the oaths without criti- 
cism. Such oaths, if administered by any other officer than such 
judge of election, shall not be received. One of said judges of said 
election shall receive the ballot from the voter, and shall announce 
the residence and name of such voter in a loud voice. Said judge 
shall then put said vote into the ballot box in the presence of the 
voter and the judges and clerks of election, and in plain view of the 
public. The judges having charge of such registers shall then, in a 
column prepared thereon, in the same line of the name of the voter, 
mark •'Voted' 1 or the letter "V." 

§ 6. The vote of no one shall be received by said judges whose 
name does not appear upon said registers as a qualified voter. 

§ 7. At every election each of the political parties shall have the 
right to designate and keep a challenger at each place of registra- 
tion, revision of registration and voting, who shall be assigned to 
such position, immediately adjoining the judges of election, 
inside the polling or registration place, as will enable him to 
see each person as he offers to register or vote, and 
who shall be protected in the discharge of his duty by the 
judges of election and the officers of the law. And authority 
signed by the recognized chairman or presiding officer of the chief 
managing committee of a party in any such city, village or incorpor- 
ated town, shall be sufficient evidence of the right of such challenger 
to be present inside the room where the ballot box is kept. But in 
case any challenger can not or does not produce the authority of 
such chairman, it shall be the duty of said judges of election to 
recognize a challenger that shall be vouched for and presented to 
them by the persons present belonging to such political party, or 
who shall be vouched for by the judge representing such party. The 
chairman of the managing committee of each political party for such 
city, village or town, may remove any challenger appointed by him. 
The challenger, so appointed and admitted to the room where such 
ballot box is kept, shall have the right and privilege of remaining 
during the canvass of the votes and until the returns are duly signed 
;and made. Each political party shall also have the right to a chal- 
lenger, placed conveniently outside of the polling place, but not in 
the way of voters. In addition to such challenger, each of the po- 



ELECTIONS. 191 



litical parties casting votes at such poll, at the close of the polls 
shall have the right to the admission of two persons of their political 
faith into the room where such ballots are to be canvassed to watch 
such canvass, which watchers may be selected by the captain of the 
ward or precinct or other persons managing the political interests 
for such party in such ward or precinct, and. in the absence of such 
selection, it shall be the duty of the judges of such election to admit 
into such room two persons of each political party so voting at such 
election, and who shall be vouched for by the judge or judges repre- 
senting such political party to be present during the canvass of such 
votes, and the making of such returns. That such persons shall be 
of good character and sober, and shall in no wise interfere with such 
canvass. The officers of the law shall in no manner interfere with 
the entrance of such watchers into such room, but they shall keep 
order, and in case of any disorderly conduct on the part of any 
bystanders or watchers, it shall be the duty of the police or sheriff' to 
exclude such persons from such room. It shall also be the duty of 
such judges of election to admit one or more officers of the law to be 
present in such room at the time of such canvass. 

§ 8. Said judges of election shall have authority and it shall be 
their duty to keep the peace, and to cause any person to be arrested 
for any breach of the peace or for any breach of election laws, or any 
interference with the progress of registration, revision, election or 
of the canvass of the ballots; and it shall be the duty of all officers of 
the law present to obey the order of such judges of election, or either 
of them, and an officer making an arrest by direction of any judge 
shall be protected in making such arrest the same as if a warrant had 
been issued to him to make such arrest. 

§ 9. As soon as the poll of an election shall have been finally 
closed the judges of election, in their several precincts, shall im 
mediately and at the place of the poll, proceed to canvass the vote 
so cast. Such canvass shall not be adjourned or postponed until it 
shall have been fully completed, nor until the several statements 
hereinafter required to be made by the judges and clerks shall have 
been made out and signed by them. The judges of election shall 
have the right to station one or more police officers or officers of the 
peace at such entrance to the room where such canvass is begun. 
or about to take place, to exclude disorderly persons, and to 
keep the peace. The challengers present, and the watchers of such 
canvass shall be allowed to be present and so near that they 
can see that the judges and clerks of said election are faithfully 
performing their duties. Each candidate for an office to be filled at 
such election, by certificate in writing, signed by him, may desig- 
nate one person for each election precinct in which he is a candi- 
date, to be present at such canvass of the ballots, and such persons 
shall be admitted to a position in said room as a watcher of such can- 
vass. And the judges of election shall permit him to be present 
and be so near to them that he can see that such canvass and the 
statements required by them of the votes are correctly made, and no 



192 ELECTIONS. 



judge of election or police or other officer shall allow such person to- 
be molested or removed during the canvass of such ballots, nor until 
such statements have been made, completed and signed, unless he 
shall be personally guilty of fraudulent or disorderly conduct. 

§ 10. The judges of election shall first count the whole number 
of ballots in the box, If the ballots shall be found to exceed the 
number of names entered on each of the poll list, they shall reject 
the ballots, if any, found folded inside of a ballot. And if the bal- 
lot and the poll lists still do not agree after such rejection, they shall 
reject as many of the ballots as may be necessary to make the ballots 
agree in number with the names entered on each of the poll lists; the 
ballots shall be replaced in the box and the box closed and well shaken, 
and again opened; and one of the judges shall publicly draw out and 
destroy so many ballots unopened as shall be equal to such excess. 
And the ballots or poll lists agreeing, or being made to agree in this 
way, the board shall proceed to count the votes in the following 
manner: Said judges shall open the ballots and place those which 
contain the same names together, so that the several kinds shall be 
in separate piles or on separate files. Each of the judges shall ex- 
amine the separate files which are. or are supposed to be, alike, and 
exclude from such files any which may have a name or an erasure, or 
in any manner shall be different from the others of such file. One of 
said judges shall then take one file of the kind of ballots which con- 
tain the same names, and count them by tens, carefully examining 
each name on each of said ballots. Such judge shall then pass the 
ten ballots aforesaid to the judge sitting next to him, who shall count 
them in the same manner, who shall then pass them to the third 
judge, who shall also count them in the same manner. Then the 
third judge shall call the names of the persons named in the ten bal- 
lots and the offices for which they are designated, and the poll clerks 
shall tally ten votes for each of such persons. When said judges 
shall have gone through such file of ballots containing the same 
names and shall count them by tens in the same way and shall call 
the names of the persons named in said ballots and the office for 
which they are designated, the tally clerks shall tally the votes by 
tens for each of such persons in the same manner as in the first in- 
stance. When the counting of each file of ballots which contain the 
same names shall be completed, the poll clerks shall compare their 
tallies together and ascertain the total number of ballots of that 
kind so canvassed; and when they agree upon the number, one of 
them shall announce it in a loud voice to the judges. The said 
judges shall then canvass the other kinds of ballots which do not 
correspond, those containing names partly from one kind of ballots 
and partly from another, being those usually called "split tickets," 
and those from which the name of the person proper to be voted for on 
such ballots has been omitted or erased, usually called "scratched 
tickets. " They shall b Q canvassed separately by one of the judges 
sitting between the two other judges, which judge shall call each 
name to the poll clerks, and the offiee for which it is designated, and 
the other judges looking at the ballot at the same time, and the poll 



ELECTIONS. 193 



clerks making tally of the same. When all of the ballots have been 
canvassed in this manner, the poll clerks shall compare their tallies 
together and ascertain the total number of votes received by each 
candidate, and when they agree upon the numbers one of them shall 
announce in a loud voice to the judges the number of votes received 
by each candidate on each of the kinds of ballots containing his 
name, the number received by him on the split and scratch tickets, 
and the total number of votes received by him. 

§ 11. Each batch of ten ballots counted by the judges of election 
shall, as soon as counted, read and tallied, be strung upon a strong 
string, thread or twine in the order in which they have been read; 
and each batch shall thus be disposed of before the commencement 
of the count as to the next batch. 

§ 12. Whenever any proposition is submitted to a vote of the 
people and is printed or written upon the same ticket with the 
names of candidates for office, the names, together with such prop- 
osition, shall be canvassed in the following manner: All the ballots 
shall be first separated into three piles; the first pile containing all the 
ballots in favor of such proposition; the second pile containing all 
the ballots against such proposition, and the third pile containing 
all the ballots not mentioning such proposition, or being neither for 
nor against such proposition. Each of the judges shall then exam- 
ine each pile and see that the separation has been properly made. 
Then the first pile shall be counted by tens, and the result announced 
to the clerks, who shall tally the same by tens. And so the second 
pile shall be counted, announced and tallied, and likewise the third 
pile, if necessary. Whereupon the clerks shall announce to the 
judges the number of votes for and the number of votes against such 
proposition. The ballots for or against any proposition submitted 
shall always be canvassed, counted and tallied before the names of 
candidates for any office are canvassed, counted or tallied. 

§ 13. If the tally sheet and returns should contain no- 
heading for any proposition submitted, it shall be the duty 
of the clerks to write into such tally sheets and returns the 
headings necessary in order to keep a correct tally, and to make a 
correct and accurate return, and it shall be the legal duty of the 
clerks and judges of election to make a true count and correct re- 
turn of all votes upon any such proposition, and any willful failure 
or neglect of any judge or clerk to do so shall constitute a felon3 r , 
and, on conviction, such judge or clerk shall be sent to the peniten- 
tiary for not less than three years nor more than five years. 

§ 14. When the canvass of the ballots shall have been completed, 
and the poll clerks shall have announced to the judges the total num- 
ber of votes received by each candidate, each of the judges of elec- 
tion in turn shall then proclaim in a loud voice the total number of 
votes received by each of the persons voted for in such precinct, and 
the office for which he is designated, and the number of votes for 

—13 



194 ELECTIONS. 



and the number of votes against any proposition which shall have 
been submitted to a vote of the people. Such proclamation shall be 
'prima facie evidence of the result of the canvass of such ballots. 

£ 15. The said judges of election shall make quadruple state- 
ments of the result of the canvass, one of which shall be written, or 
partly written and partly printed, in each of the poll books used at 
such election. Each of the statements shall contain a caption stat- 
ing the day on which, and the number of the election precinct in the 
ward, city and county in relation to which, snch statements shall be 
made, and the time of opening and closing of the polls of such elec- 
tion precinct. It shall also contain a statement showing the whole 
number of votes given for each person, designating the office for 
which they were given, which statement shall be written, or partly 
written and partly printed, in words at length; and in case a proposi- 
tion of any kind has been submitted to a vote at such election, such 
statements shall also show the whole number of votes cast for or against 
such proposition, written out or partly written and partly printed, 
in words at length. And at the end thereof a certificate that such 
s atement is correct in all respects; which csrtificate. and each sheet 
of paper forming part of the statement, shall be subscribed by the 
s lid judges and election clerks. If any judge or election clerk shall 
decline to sign such return, he shall state his reasons therefor in 
writing, and a copy thereof signed by himself shall be enclosed with 
each return. Each of the statements, except the one contained in 
e i. h of the poll books, shall be enclosed in an envelope, which shall 
then be securely sealed with sealing wax, or other adhesive material; 
and each of the judges and each of the election clerks shall write his 
name across every fold at which the envelope, if unfastened, could be 
opened. One of the envelopes shall be directed to the county clerk 
and one to the oomph oiler of the city, or to the officer of such city 
whose duties correspond with those of comptroller. Each set of tallies 
shall also be signed by the election clerks and judges of the elec- 
tion. And each shall be enclosed in an envelope securely sealed and 
signed in like manner; and one of the envelopes shall be directed on 
the outside to the election commissioners and the other to the city, 
village or town clerk. On the outside of every envelope shall be en- 
dorsed whether it contains the statements of the votes cast or the 
tallies, and for what precinct and ward, village or town. 

$ 17. The poll books, which contain two of the several statements 
or returns, shall be placed in the ballot box, and the ballot box shall 
then be locked and the key removed, whereupon said judges of elec- 
tion shall all write their names upon a strip of paper of sufficient 
length for the following purpose: Said strip of paper, after the sign- 
ing of their names thereon by said judges, shall then be pasted over 
the key-hole in said ballot box, and extending upward to the upper 
lid of the box, and carried for some distance over the top, and it shall 
be placed in such a way that the signatures of said judges shall extend 
across the place of opening of the lid of the box, so that when the 
box is opsned it shall tear such paper and destroy the signatures 
written thereon, and so that when a key shall be inserted in the key- 



ELECTIONS. 195 



hole it will tear the paper so placed over the key-hole. Such paper 
shall be fastened wi-th sealing wax or by any other adhesive material, 
which will not permit the removal of such slip of paper without de- 
facing the same. 

§ 18. Thereupon one of the judges of election shall take charge of 
said ballot box and its contents so enclosed, and one of the judges, 
who shall represent the opposite political party from the one taking 
the ballot box, shall receive and hold the key thereto. The two 
judges who do not have charge of the ballot box shall each take one 
of the statements of the votes cast into his possession, sealed up in 
the envelopes as aforesaid, and each of the clerks shall take one of 
the tally sheets sealed up in the envelope as aforesaid. Thereupon 
and before twelve o'clock of the day after such election, the judge 
having possession of such ballot box shall deliver the same with the 
contents as aforesaid to the board of election commissioners, with 
the seal unbroken, and shall receive a receipt therefor; and within 
the same period of time the judge having possession of such key shall 
deliver the same to such board of commissioners and receive a receipt 
therefor, and the two judges, not having possession of the ballot box 
and the two clerks, shall each before twelve o'clock of the next day 
after such election, deliver the statements and tallies so in their pos- 
session, respectively, to the respective officers to whom addressed as 
aforesaid and who by this act are entitled to receive the same, and, 
when delivered, each one shall take a receipt from the officer to 
whom delivered. And none of them shall receive pay for their serv- 
ices as such judges or clerks without the production of the receipts 
so given them by the officers aforesaid. It shall be the duty of the 
respective officers so designated to whom such statements and tallies 
are ordered to be "delivered, to receive the same and to safely keep 
under lock and key until ordered to be surrendered as hereinafter 
provided. 

§ 19. The said board of election commissioners, upon the receipt 
of said ballot box and key thereto, shall note the condition of the 
seal or stamp on said box, and enter the fact touching the same upon 
a book to be kept by them, together with the name of the officer who 
returned such ballot box. They shall thereupon open said ballot 
box and remove the poll books containing the returns of the votes 
cast, and note upon the same memorandum book their condition, 
and shall put them in a secure place under lock and key, to which 
the public, in no. event, shall have access. 

Article V. 

Section 1. Within seven days after the close of such election the 
county judge, with the assistance of the city attorney and the board 
of election commissioners, who are hereby declared a canvassing 
board for such city, shall open all returns left, respectively, with the 
election commissioners, the county clerk and city comptroller, and 
shall make abstracts or statements of the votes in the following man- 
ner, as the case may require, viz: All votes for Governor and Lieu- 



196 ELECTIONS. 



tenant Governor on one sheet; all votes for other State officers on 
another sheet; all votes for presidential electors on another sheet; all 
votes for representatives to congress on another sheet; all votes 
for judges of the supreme court on another sheet; all votes for clerks, 
of the supreme court on another sheet: all votes for clerk of the ap- 
pellate court on another sheet; all votes for judges of the circuit 
court on another sheet; all votes for senators and representatives to 
the General Assembly on another sheet; all votes for members of the 
State Board of Equalization on another sheet; all votes for county 
officers on another sheet; all votes for city officers on another sheet; 
all votes for town officers on another sheet; and all votes for any 
other office on a separate and appropriate sheet; all votes for any 
proposition which may be submitted to a vote of the people, on an- 
other sheet, and all votes against any proposition submitted to a vote 
of the people, on another sheet. 

§ 2. It shall be the duty of such board of canvassers to canvass 
and add up and declare the result of every election hereafter held 
within the boundaries of such city, village or incorporated town, and 
the county court shall thereupon enter of record such abstract and 
result, and a certified copy of such record shall thereupon be filed 
with the county clerk of said county, and such abstracts or results 
shall be treated by said county clerk in all respects as if made by the 
canvassing board now provided by law, and he shall transmit the 
same to the Secretary of State or other proper officer, as required by 
law. And such abstracts or results so entered and declared by such 
county court and a certified copy thereof shall be treated everywhere 
within the State and by all public officers with the same binding 
force and effect as the abstract of votes now authorized by the gen- 
eral law of the State. 

§ 3. The county clerk shall make out a certificate of election to 
each person having the highest number of votes for the several county 
and town offices and deliver such certificate of election to the person 
entitled to it on his application. 

§ 4. The county clerk shall make out a certificate of election to 
each of the persons having the highest number of votes, as declared 
by the order of said court, for the several city and town offices within 
said city, including aldermen, and deliver such certificate of election 
to the person entitled to it on his application. 

§ 5. In the canvass of such votes by the canvassing board pro- 
vided in said act, said board shall declare who is elected to any city 
or town office. In the case of a tie in the election to any city office, 
or to any office voted for only within the territory of such city, it 
shall be determined by lot, in such manner as such canvassers shall 
direct, which candidate or candidates shall hold the office, and there- 
upon the person in whose favor it shall result, shall be declared 
elected by the order entered in said county court as aforesaid. 

§ 6. If, upon opening the various returns so made by the board 
of canvassers as aforesaid, there shall be anything to indicate that a 
change has been made in such returns since signing the same by the 



ELECTIONS. 197 



judges or clerks, or if any fraud in any respect touching such returns, 
it shall then be the duty of said canvassing board to have all the 
tallies opened and examined. If there shall be any doubt as to the 
genuineness of such returns for any precinct, and as to the actual 
vote as origin? lly returned, and the truth respecting the same remains 
uncertain, it shall be the duty of such canvassers to examine any 
person or persons who were present at the time of the proclamation 
so made by the judges of election in such precinct, about which any 
doubt arises, and the board shall be permitted to place such parties 
or witnesses on oath, and examine them touching the same, and it 
shall be their duty to call such parties who were present at the time 
of such proclamation to come before them, and a subpoena may be 
issued by the county court, under the direction of said board, com- 
pelling any such witnesses to come before said board and give their 
evidence touching the matter in controversy; and thereupon it shall 
be the duty of said board to declare the result of the vote in any 
such precinct in regard to which any question arises, as it was pro- 
claimed by the judges of election after the canvass by them in such 
precinct, which result when so declared, shall be binding and con- 
clusive. 

§ 7. The county judge shall be the presiding officer of such can- 
vassing^ board, and a majority of such canvassing board shall have 
the right to declare the result, and the result, when so declared, the 
said county judge shall causs to be entered of record in his court as 
aforesaid which shall be conclusive as to the votes cast at such elec- 
tion in all the precincts of such city. 

Article VI. 

§ 1. If at any general registration of voters, or any meeting of 
the judges of election, held for such purpose, or for revision thereof, 
as provided in this act, any person shall falsely personate an elector 
or other person, and register, or attempt or offer to register, in the 
name of such elector or other person; 

Or if any person shall knowingly or fraudulently register or offer, 
or attempt, or make application to register, in, or under the name of, 
any other person, or in. or under any false, assumed or fictitious 
name, or in, or under any name not his own; 

Or shall knowingly or fraudulently register in two election pre- 
cincts ; 

Or, having registered in one precinct, shall fraudulent^ attempt 
or offer to register in another; 

Or shall fraudulently register or attempt, or offer to register in 
any election precinct, not having a lawful right to register therein; 

Or shall knowingly or wilfully do any unlawful act to secure regis- 
tration for himself or any other person; 

Or shall knowingly, wilfully or fraudulently, by false personation 
or otherwise, or by any unlawful means cause or procure, or attempt 
to cause or procure, the name of any qualified voter, in any election 



198 ELECTIONS. 



precinct, to be erased or stricken from any registry of the voters of 
such precinct, made in pursuance of this act or otherwise, as in this 
act provided; 

Or by force, threat, menace, intimidation, bribery, reward or offer, 
or promise thereof, or other unlawful means, prevent, hinder or de- 
lay any person, having a lawful right to register or be registered, 
from duly exercising such right; 

Or shall knowingly, wilfully or fraudulently compel or induce, or 
attempt, or offer to compel or induce, by such means, or any unlaw- 
ful means, any judge of election or other officer of registration in 
any election precinct to register or admit to registration any person 
not lawfully entitled to registration in such precinct; 

Or to register any false, assumed or fictitious name, or any name 
of any person except as provided in this act; 

Or shall knowingly, or wilfully or fraudulently interfere with, hin- 
der or delay any judge of election, or other officer of registration, in 
the discharge of his duties, or counsel, advise or induce, or attempt 
to induce, any such judge or other officer to refuse or neglect to 
comply with or to perform his duties, or to violate any law prescribed 
for regulating the same; 

Or shall aid, counsel, procure or advise any voter, person, judge of 
election, or other officer of registration, to do any act by law -forbid- 
den, or in this act constituted an offense, or to omit to do any act by 
law directed to be done; 

Every such person upon conviction thereof, shall be adjudged 
guilty of a misdemeanor, and shall be punished by imprisonment in 
the county jail for not less than three months nor more than one 
year. 

§ 2. If, at any election hereafter held in any such city, village or 
incorporated town, any person shall falsely personate any elector or 
other person, and vote, or attempt or offer to vote in, or under the 
name of such elector or other person; 

Or shall vote, or attempt to vote, in or upon the name of any other 
person, whether living or dead, or in or upon any false, assumed or 
fictitious name, or in or upon any name not his own; 

Or shall knowingly, wilfully or fraudulently vote more than once 
for any candidate for the same office, except as authorized by law; 

Or shall vote, or attempt or offer to vote, in any election precinct 
without having a lawful right to vote therein; 

Or vote more than once, or vote in more than one election pre- 
cinct; 

Or, having once voted, shall vote or attempt to [or] offer to vote 
again; 

Or shall knowingly, wilfully or fraudulently do any unlawful act 
to secure a right or an opportunity to vote for himself or for any other 
person; 



ELECTIONS. 199 



Or shall by force, threat, menace, intimidation, bribery or reward, 
or offer or promise thereof, or otherwise unlawfully, either directly 
or indirectly, influence or attempt to influence any elector or any per- 
son in giving his vote: 

Or prevent, or hinder or attempt to prevent, or hinder any cpuali- 
fied voter from freely exercising the right of suffrage; 

Or by any such means induce or attempt to induce any such 
voter, or any person, to exercise any such right; 

Or shall, by any such means or otherwise, compel or induce, or 
attempt to compel or induce, any judge of election or other officer of 
election, in any election precinct, to receive the vote of any person 
not legally qualified or entitled to vote at the said election in such 
precinct; 

Or shall knowingly, wilfully or fraudulently interfere with, delay 
or hinder, in any manner, any judge of election, poll clerk or other 
officer of election in the discharge of his duties; 

Or by any such means, or other unlawful means, knowingly, wil- 
fully or fraudulently couusel, advise, induce or attempt to induce 
any judge of election, poll clerk or other officer of election whose 
duty it is to ascertain, proclaim, announce or declare the result of 
any such election, to give or to make any false certificate, document, 
report, return or other false evidence in relation thereto; 

Or to refuse or neglect to comply with his duty, or to violate any 
law regulating the same, or to receive the vote of any person in any 
election district not entitled to vote therein: 

Or to refuse to receive the vote of any person entitled to vote 
therein; 

Or shall aid, counsel, advise, procure or assist any voter, person or 
judge of election, or other officer of election, to do any act by law 
forbidden or in this act constituted an offense; 

Or to omit to do any act by law directed to be done: 

Every such person, upon conviction thereof, shall be adjudged 
guilty of a misdemeanor, and shall be punished by imprisonment in 
the county jail for not less than three months nor more than one 
year. 

§ 3. If any election clerk or poll clerk, or any judge of election 
performing the duties of poll clerk, or other person performing such 
duties, shall wilfully keep a false poll list; 

Or shall knowingly insert in his poll list any false statement, or 
any name or statement, or any check, alteration or mark, except as 
in this act provided; 

He shall, upon conviction thereof, be adjudged guilty of a misde- 
meanor, and shall be punished by imprisonment in the county jail 
for not less than three months nor more than one year. 

§ 4. Every judge of election who shall wilfully exclude any vote 
duly tendered, knowing that the person offering the same is lawfully 
entitled to vote at such election; 



200 ELECTIONS. 



Or shall wilfully receive a vote from any person who has been duly 
challenged in relation to his right to vote at such election, without 
exacting from such person such oath or other proof of qualification 
as may be required by law; 

Or shall wilfully omit to challenge any person offering to vote, 
whom he knows or suspects not to be entitled to vote, and who has 
not been challenged by any other person; 

He shall, upon conviction thereof, be adjudged guilty of a misde- 
meanor, and shall be punished by imprisonment in the county jail 
for not less than three months nor more than one year. 

§ 5. Every judge of election, member of any board of canvassers 
messenger, poll clerk or other officer authorized to take part in, or 
perform any duty in relation to, any canvass or official statement of 
the votes cast at any election in any precinct, or in any city, village 
or incorporated town, who shall wilfully make any false canvass of 
said votes; 

Or shall make, sign, publish or deliver any false return of such 
election, or any false certificate or statement of the result of such 
election, knowing the same to be false; 

Or who shall wilfully deface, destroy or conceal any statement, 
tally or certificate entrusted to his care or custody; 

Shall, on conviction thereof, be adjudged guilty of a felony, and 
shall be punished by imprisonment in the penitentiary for not less 
than five nor more than ten years. 

§ 6. If any person other than a judge of election shall, at any such 
election, knowingly and wilfully put, or cause to be put, any ballot or 
ballots, or other paper having the semblance thereof, into any box 
used at such election for the reception of votes: 

Or if any such judge of election shall knowingly and wilfully cause 
or permit any ballot or ballots to be in said box at the opening of 
the polls and before the voting shall have commenced; 

Or shall knowingly, wilfully or fraudulently put any ballot, or 
other paper having the semblance thereof, into any such box at any 
such election, unless the same shall be offered by an elector, and his 
name shall have been found and kept upon the registry, as hereinbe- 
fore provided, or who shall be entitled to vote under this act: 

Or if any such judge of election or other officer or person shall 
fraudulently, during the canvass of ballots, in any manner change, 
substitute or alter any ballot taken from the ballot box then being 
canvassed, or from any ballot box which has not been canvassed; 

Or shall remove any ballot or semblance thereof from, or add any 
ballot or semblance thereof to,the ballots taken from the ballot box then 
being canvassed, or from any ballot box which has not been canvassed; 

Every such person shall, upon conviction thereof, be adjudged 
guilty of a felony, and shall be punished by imprisonment in the 
penitentiary for not less than one nor more than five years. 



ELECTIONS. 201 



§ 7. If any judge of election, poll clerk or other officer of regis- 
tration, revision, election or canvass, of whom any duty is required 
in this act, or by the general election laws of this State, so far as the 
same are consistent with the provisions of this act, shall be guilty 
of any wilful neglect of such duty; 

Or of any corrupt or fraudulent conduct or practice in the execution 
of the same; 

He shall, upon conviction thereof, be adjudged guilty of a misde- 
meanor, and shall be punished by imprisonment in the county jail 
for not less than three months nor more than one year. 

§ 8. Every judge of election, poll clerk or other officer or person 
having the custody of any record, register of voters or copy thereof, 
oath, return or statement of votes, certificate, poll list, or of any paper, 
document or vote of any description, in this act directed to be made, 
filed or preserved, who is guilty of stealing, wilfully destroying, muti- 
lating, defacing, falsifying or fraudulently removing or secreting the 
whole or any x>art thereof; 

Or who shall fraudulently make any entry, erasure or alteration 
therein, except as allowed and directed by the provisions of this act; 

Or who permits any other person so to do; 

Shall, upon conviction thereof, be adjudged guilty of a felony, 
and shall be punished for each and every such offense by imprison- 
ment in the penitentiary for not less than one year nor more than ten 
years. 

§ 9. Every person not an officer, such as is mentioned in the last 
preceding section, who is guilty of any of the acts specified in said 
last section, or who advises, procures or abets the commission of the 
same, or any of them, shall upon conviction thereof, be adjudged 
guilty of a felony, and for each and every such offense shall be 
punished by imprisonment in the penitentiary for not less than one 
year nor more than ten years. And such offense shall be deemed to 
have been committed whether such person has or had any custody or 
control, rightful or otherwise, over, or is charged with any duty in 
relation to, said records, register, ballots or other documents. 

§ 10. Any person who shall be convicted of wilfully and corruptly 
swearing or affirming in taking any oath or affirmation prescribed 
by. or upon any examination provided for in this act, shall be ad- 
judged guilty of wilful and corrupt perjury, and shall be punished 
according to the laws of this State. 

§ 11. Every person who shall wilfully and corruptly instigate, 
advise, induce or procure any person to swear or affirm falsely as 
aforesaid, or attempt or offer so to do, shall be adjudged guilty of 
subornation of perjury, and shall upon conviction thereof, suffer 
the punishment directed by law in cases of wilful and corrupt per- 
jury. 

§ 12. If any person shall fraudulently change or alter the ballot 
of any elector, or substitute one ballot for another; 



202 ELECTIONS. 



Or fraudulently furnish any elector with a ballot containing more 
than the proper number of names; 

Or shall intentionally practice any fraud upon any elector to induce 
him to deposit a ballot as his vote, and to have the same thrown out 
and not counted, or to have the same counted for a person or candi- 
date other than the person or candidate for whom such elector in- 
tended to vote; 

Or otherwise defraud him of his vote; 

Every such person shall, upon conviction thereof be adjudged 
guilty of a felony, and shall, if a judge of election, poll clerk or other 
officer of election, be punished by imprisonment in the penitentiary 
for not less than two nor more than five years. 

And if not such judge, poll clerk or other officer of election, shall 
be punished by imprisonment in the penitentiary for not less than 
one nor more than five years. 

§ 13. If any person who shall have been convicted of bribery, 
felony or other infamous crime under the laws of any state, and 
who has never received the pardon for such offense from the 
officer entitled to grant such pardon, shall thereafter vote or 
offer to vote at any election in such city, village or incorporated 
town, he shall, upon conviction thereof, be adjudged guilty of a 
felony, and, for each and every such offense, shall be punished by 
imprisonment in the penitentiary for not less than two nor more 
than five years. 

§ 14. If any person shall wilfully disobey any lawful command 
of any judge of election or of any board of registry, given in the exe- 
cution of his or their duty as such, at any election or registration, he 
shall, upon conviction thereof, be adjudged guilty of a misdemeanor, 
and shall be punished by imprisonment in the county jail for not less 
than thirty days nor more than one year; or by a fine not less than 
two hundred and fifty (250) nor more than one thousand (1,000) dol- 
lars, or by both such fiue and imprisonment. Any misdemeanor 
under this act for which no penalty is specifically provided shall be 
punished as provided in this section. 

§ 15. If, at any general registration of voters, or revision thereof, 
or on any day of election, or during the canvass of the votes cast 
thereat, any person shall cause any breach of the peace, or be guilty 
of any disorderly violence or threats of violence, whereby any such. 
registration, revision, election, or canvass shall be impeded or 
hindered; 

Or whereby the lawful proceedings of any judge of election, or 
board of registration, or poll clerk, or other officer of such election 
or challenger, or person designated to be present at the canvass of 
any ballots, as hereinbefore provided, are interfered with; 

Every such person shall, upon conviction thereof, be adjudged 
guilty of a misdemeanor, and shall be punished by imprisonment in 
the county jail for not less than thirty days nor more than one year; 



ELECTIONS. 203 



or by a fine of not less than two hundred and fifty (250) dollars nor 
more than one thousand (1,000) dollars; or by both such fine and im- 
prisonment. 

§ 16. If any person knowingly or wilfully shall obstruct, hinder 
or assault, or by bribery, solicitation or otherwise, interfere with any 
judge of election, poll clerk, challenger, or person designated as pro- 
vided in this act to be present at the canvass of any ballots, in the 
performance of any duty required of him, or which he may by law 
be authorized or permitted to perform; 

Or if any person, by any of the means before mentioned or other- 
wise unlawfully shall, on the day of registration, revision of registra- 
tion, or of election, hinder or prevent any judge of election, poll 
clerk, challenger, or person designated as provided in this act to be 
present at the canvass of ballots, in his free attendance and presence 
at the place of registration, or revision of registration, or of election 
in the election precinct, in and for which he is appointed or desig- 
nated to serve; 

Or in his full and free access and egress to and from any such place 
of registration, revision of registration, or of election; 

Or to and from any room where such registration, revision of regis- 
tration, or election, or canvass of votes, or making of any return or 
certificates thereof, may be had; 

Or shall molest, interfere with, remove or eject from any such place 
of registration or poll of election, or of canvassing ballots cast thereat, 
or of making of returns or certificates thereof, any such judge of 
election, poll clerk, challenger, or person designated as provided in 
this act to watch the canvass of any ballot, except as otherwise pro- 
vided in this act, or shall unlawfully threaten, or attempt or offer so 
to do; 

Every such person shall be guilty of a misdemeanor, and, on con- 
viction thereof, shall be punished by imprisonment in the county jail 
for not less than six months nor more than one year; 

Or shall be fined not less than five hundred (500) nor more than 
two thousand (2,000) dollars, or both. 

§ 17. If any person, upon the day of such election or before the 
canvass of votes is completed, shall conceal or wilfully break or de- 
stroy any ballot box used or intended to be used, at such election ; 

Or shall wilfully or fraudulently conceal, secrete or remove any 
such box from the custody of judges of election; 

Or shall alter, deface, injure, destroy or conceal any ballot which 
has been deposited in any ballot box at such election, which has not 
been counted or canvassed; 

Or poll list used at such election; 

Or any report, return, certificate or other evidence in this act re- 
quired, as provided for; 



204 ELECTIONS. 



He shall, on conviction thereof, be adjudged guilty of a felony and 
shall, for each and every such offense, be punished by imprisonment 
in a state penitentiary for not less than two nor more than five years. 

§ 18. If in any election precinct, at any registration of voters or 
revision thereof, or at any election hereafter held in such city, 
any judge of election or poll clerk shall knowingly or wilfully admit 
any person to registration, or make any entry upon any register or 
poll book; 

Or receive any vote, or proceed with the canvass of ballots, or shall 
consent thereto, unless a majority of all the judges of election in 
said election precinct are present and concur; 

He shall, upon conviction thereof, be adjudged guilty of a misde- 
meanor, and shall be punished by imprisonment in the county jail 
for not less than thirty nor more than sixty days; or by a fine of not 
less than one hundred (100) nor more than one thousand (1,000) 
dollars, or by both such fine and imprisonment. 

§ 19. If any judge of election, in any election precinct shall, 
without urgent necessity, absent himself from the place of registra- 
tion or the polls in said precinct upon any day of election, whereby 
less than a majority of all the judges in such election precinct shall be 
present during such hours of registration, election or canvass of bal- 
lots; 

He shall, upon conviction, be adjudged guilty of a misdemeanor, 
and shall be punished by imprisonment in the county jail for not 
less than sixty days nor more than six months; or shall be fined not 
less than five hundred (500) nor more than one thousand (1,000) 
dollars, or both. 

§ 20. It shall be unlawful for any judge of election, poll clerk, 
challenger, or any person or persons within the polling place to 
electioneer or engage in any political discussion. 

Any violation of this section shall be a misdemeanor, and shall be 
punished by imprisonment in the county jail for not less than ten 
nor more than ninety days, or by a fine of not less than one hundred 
(100) nor more than five hundred (500) dollars, or both. 

§ 21. Whoever, during the hours of election in any election pre- 
cinct in such city; 

Or during the hours of registration, revision of registration or 
canvass of votes or of making returns thereof, shall bring, take, order 
or send into, or shall attempt to bring, take or send into any place of 
registration, or revision of registration, or of election, any distilled or 
spirituous liquors whatever; or, shall, at any such time and place, 
drink or partake of such liquor, shall be deemed and held to be guilty 
of a misdemeanor, and shall be punished according to law. 

§ 22. Irregularities or defects in the mode of noticing, convening, 
holding or conducting an election authorized by law shall constitute 
no defense to a prosecution for a violation of the provisions of this 
act. 



ELECTIONS. 205 



§ 23. Every act which, by the provisions of this act or the gen- 
eral election laws, is made a crime when committed with reference to 
the election of a candidate, is equally criminal when committed with 
reference to the determination of the question submitted to electors, 
to be decided by votes cast at an election. 

The word "Election," as used in this act, shall be construed to des- 
ignate elections had within any city, village or incorporated town- 
adopting this act, for the purpose of enabling electors to choose some 
public officer or officers under the laws of this State or the United 
States; 

Or to pass upon any amendment, law or other public act or propo- 
sition submitted to vote by law. 

The word "Householder," as used in this act, shall mean the chief 
or head of a family, who resides with the family as a family, and who 
supports and provides for such family as an independent family. 

§ 24. In case of misdemeanors committed, where a matter of fine 
shall be imposed instead of imprisonment, such party shall be dis- 
charged from imprisonment only on condition of payment of the fine; 

And, unless paid, his imprisonment shall continue until such fine 
shall be canceled by an allowance of three (3 dollars per day for 
each day of imprisonment. 

§ 25. All forfeiture provided for in this act shall be recovered in 
the name of the board ot v election commissioners, and shall be paid,, 
when collected, into the county treasury. 

§ 26. It shall be the duty of such election commissioners to aid 
in the prosecution of all crimes and offenses against this act; 

And they shall keep a docket in which shall be entered all com- 
plaints against all persons claimed to be guilty of the violations of 
this law; 

And when, in the judgment of such election commissioners, such 
offense has probably been committed, it shall be their duty to cause 
a prosecution to be instituted in accordance with the provisions of 
this act, and cause the parties to be punished accordingly. 

Said election commissioners, when in session, shall have authority 
and it shall be their duty, to keep the peace, and to cause any person 
to be arrested for any breach of the peace or for any breach of elec- 
tion laws; and it shall be the duty of all officers of the law present 
to obey the order of such election commissioners or either of them, 
and an officer making an arrest by direction of any election commis- 
sioner shall be protected in making such arrest the same as if a 
warrant had been issued to him to make such arrest. 

Article VII. 

Section 1. Such election commissioners and the chief clerk of 
the board of election commissioners shall be paid by the county. 
And for the purpose of fixing their fees and compensation the several 
counties of this State are divided into three classes, as they are now 
classified by law, as to fees and salaries. 



206 ELECTIONS. 



In counties of the first class said election commissioners shall each 
receive a salary of $500, and said chief clerk a salary of $400 per 
annum. 

In counties of the second class said election commissioners shall 
each receive a salary of $700, and such chief clerk a salary of $600 
per annum. 

In counties of the third class, to- wit: In Cook county such elec- 
tion commissioners shall each receive a salary of $2,500, and such 
chief clerk a salary of $4,000 per annum. 

All expenses incurred by such board of election commissioners 
shall be paid by such city. Such salaries and expenditures are to be 
audited by the county judge, and such salaries shall be paid by the 
county treasurer upon the warrant of such county judge, out of any 
money in the county treasury not otherwise appropriated, and such 
expenditures shall be paid by the cit}^ treasurer, upon the warrant of 
such county judge, out of any money in the city treasury not other- 
wise appropriated. It shall also be the duty of the governing authority 
of such counties and cities, respectively, to make provisions for the 
prompt payment of such salaries and expenses as the case may be. 

§ 2. All judges and clerks of election in counties of the third 
class, under this act, shall be allowed and paid at the rate of $5 per 
day. 

§ 3. Each judge of election who has performed all the duties and 
services required of him by this act, at the general registration and 
at the election following, shall be credited with four full days' ser- 
vices and no more, but at any election prior to which there is only 
an additional registration and revision, being a registration between 
the general registrations, he shall be credited with three full days' 
service and no more, in case he performs all the duties required of 
him under this act. 

At the elections held under this act, where there is no additional 
registration or revision of registration each judge or clerk of election 
shall only be credited with one days' service each. 

When any judge or clerk does not perform all the services required 
by this act then such board of election commissioners will audit 
his time and shall allow him pro rata compensation. 

Each clerk of election, if he has performed all the services re- 
quired by [of] him by this act at the general registration and at the 
election following, shall be credited with five days' service and no 
more, but at any election prior to which there was only an additional 
registration and revision, being a registration between the general 
registrations, he shall be credited with four full days' service and no 
more, in case he performs all the duties required of him by this act. 

§ 4. At all city elections, general or special, though other than 
city officers may be elected at the same time with such city officers, 
and at all special elections in any part of such city, at which a city 
officer is elected, such city shall pay such judges and clerks of elec- 
tion for their services under this act. 



ELECTIONS. 207 



§ 5. At all general county and' State elections, which include 
officers elected through the whole county, though other than State 
and county officers are also elected, and at all exclusively judicial 
elections, and at all special elections for a county or State officer, or 
member of congress, or member of the Legislature, such county shall 
pay such judges and clerks of election for their services under this 
act. 

§ 6. Said board of election commissioners shall audit all the 
claims of judges and clerks of election, and shall draw a warrant there- 
for upon such city or county treasury, as the case may be. 

Article VIII. 

Section 1. Whenever this act is adopted by any village or incor- 
porated town, all its provisions shall be applicable and operative, 
except as hereinafter modified. 

§ 2. Whenever any city, village or incorporated town may adopt 
this act, and which city, village or incorporated town shall lie within 
any county in which another city shall have previously thereto 
adopted this act, then in such case the commissioners of election, ap- 
pointed or which may be appointed for such last mentioned city, shall 
also be ex-officio commissioners of election for such first mentioned 
city, village or incorporated town, and shall have and exercise the 
same powers as if specially appointed for such city, village or town. 

§ 3. The quadruple returns of the judges and clerks of election of 
such village or incorporated town mentioned in the last section, in 
case of a village or town election for any officer of such village or 
town, shall be made to the same officer as now required by law, who 
shall receipt therefor; and all such returns shall be canvassed by the 
canvassing board of such village or town, as established by law, with 
the same powers of investigation and examination by such board as 
is authorized by this act to the canvassing board of any such city. 

§ 4. The returns of the judges and clerks of election of such 
village or incorporated towns mentioned in the second section of this 
article, in case of all other elections therein, shall be made to the 
same officers as required by this act of returns of elections held in a 
city, and such returns shall be canvassed and the result declared by 
the same canvassing board. 

§ 5. All oaths in writing, provided for in this act, must have a 
jurat, or certificate of the officer taking the same, attached and signed 
by him, and said election commissioners and said judges of election 
are hereby empowered to administer all oaths and affirmations re- 
quired in the administration of the affairs of their several offices. 

Approved, April 24, 1899. 



208 ELECTIONS. 



MAKING ABSTRACTS AND CANVASSING RETURNS. 
I 1. Amends sections 71, 76 and 78 of the Act of 1872: 
§ 71. Abstracts of votes— how made. 

\ 76. Abstracts to be forwarded to the Secretary of State. 
5 78. Canvassing votes by State officers. 

An Act to amend Sections seventy-one (71), seventy-six (76) and 
seventy-eight (78) of an act entitled "An act in regard to elections, 
and to provide for filling vacancies in elective offices," approved 
April 3, 1872, and in force July 1, 1872. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That sections seventy-one 
(71), seventy-six (76) and seventy-eight (78) of an act entitled, "An 
act in regard to elections, and to provide for filling vacancies in 
elective offices, "'"approved April 3, 1872, in force July 1, 1872, be, 
and the same is hereby, amended so as to read as follows, to-wit: 

§ 71. Within seven days after the close of the election the county 
clerks of the respective counties, with the assistance of two justices 
of the peace of the county, shall open the returns and make abstracts 
of the votes in the following manner, as the case may require: 

Of votes for Governor and Lieutenant Governor, on one sheet: of 
votes for State officers, on another sheet; of votes for Presidential 
Electors, on another sheet ; of votes for Representatives to Congress, 
on another sheet; of votes for Judges of the Supreme Court, on an- 
other sheet; of votes for Clerk of the Supreme Court, on another 
sheet; of votes for Judges of the Circuit Court, on another sheet; of 
votes for Senators and Representatives to the General Assembly, on 
another sheet; of votes for members of the State Board of Equaliza- 
tion, on another sheet; of votes for trustees of the University of 
Illinois, on another sheet; of votes for amendments to the constitu- 
tion, and for other propositions submitted to the electors of the en- 
tire State, on another sheet; of votes for county officers and for 
propositions submitted to the electors of the county only, on another 
sheet. The foregoing abstracts shall be preserved by the county 
clerk in his office. 

§ 76. Immediately after the completion of the abstracts of votes 
the county clerk shall make two correct copies of the abstracts 
of votes for Governor, Lientenant Governor, Secretary of State. 
Auditor of Public Accounts. Treasurer, Attorney General and Super- 
intendent of Public Instruction, both of which said copies he shall 
envelope and seal up. and endorse upon the envelopes in substance. 

"Abstracts of votes for State Officers from county." and 

he shall address one of the envelopes containing said copies of Ab- 
stracts of votes for State Officers to "the Speaker of the House of 
Representatives." and the other he shall address to "the Secretary of 
State." The county clerk shall, at the same time, envelope and seal 
up a copy of each of the abstracts of votes for other officers and 
amendments to the constitution and other propositions voted on, and 



ELECTIONS. 209 



indorse the same so as to show the contents of the package, and address 
the same to the Secretary of State. The several packages shall then 
be placed in one, envelope and addressed to the Secretary of State. 

§ 78. The Secretary of State, Auditor, Treasurer and Attorney 
General, or any two of them, in the presence of the Governor, shall 
proceed within twenty days after the election, and sooner if all the 
returns are received, to qanvass the votes given for Representatives 
to Congress, Judges of the Supreme Court, Clerk of the Supreme 
Court, Judges of the Circuit Court, Senators, Representatives to the 
General Assembly, members of the State Board of Equalization and 
Trustees of the University of Illinois, respectively, and the persons 
having the highest number of votes for the respective offices, 
shall be declared duly elected; but if it appears that more than the 
number of persons to be elected have the highest and equal number 
of votes for the same office, the Secretary of State, in the presence 
of the other officers and the Governor, shall decide by lot which of 
such persons shall be elected: and to each person duly elected, the 
Governor shall give a certificate of election or commission, as the 
case may require, and shall cause proclamation to be made of the 
result of the canvass, and they shall at the same time and in the 
same manner, canvass the vote cast upon amendments to the consti- 
tution, and upon other propositions submitted to the electors of the 
entire State; and the Governor shall cause to be made such procla- 
mation of the result or the canvass as the statutes elsewhere provide. 

Approved April 24, 1899. 



POLLING PLACES AT SOLDIERS AND SAILORS HOME. 

'i 1. Amends section 30 of the Acts of 1ST2 and 1895: 

? 30. Change of election precincts dividing' precincts into districts— polling places- 
provides for elections on grounds of State Soldiers' and Sailors 7 Home or 
Homes. 

An Act to amend Section SO of an act entitled "An act in regard to 
iions an I to provide for fi'ling vacancies in elective offi 
approved April 3. 1872, in force July 1, 1872. as amended by an 
act approved April -1. 1805; in force July 1. 1895. 

Section 1. Be it enacted by the People of the Stale of Illinois. 
represented in the General Assembly: That section 30 of an act 
entitled "An act in regard to election and to provide for filling; va- 
cancies in elective offices." approved April 3. 1872. in force July 1. 
1872, and amended by an act approved April 4, 1S95, in force July 1. 
1895. be amended to read as follows: 

§ 30. The county board in each county shall, at its regular (or at 
a special) meeting in the month of July. 1885. respectively divide its 
election precincts which contain more than four hundred and fifty 
voters into election districts so that each district shall contain, as 

—14 



210 ELECTIONS. 



near as may be practicable, four hundred voters, and not more in any 
case than four hundred and fifty. Said district shall be composed 
of contiguous territory, and in as compact a form as can be for the 
convenience of the electors voting therein. The several county 
boards, in establishing said district, shall describe them by metes 
and bounds, and number them. And so often thereafter as it shall 
appear by the number of votes cast at the general election held in 
November of any year, that any election district, or undivided elec- 
tion precinct, contains more than four hundred and fifty, the county 
board of the county in which such district or precinct may be shall, 
at its regular (or at a special) meeting in the month of July next 
after such November election, re-divide or re-adjust the election dis- 
trict, or divide such election precincts, so that no district or un- 
divided election precinct shall contain more than the number of voters 
above specified. 

If said division or re-adjustment is not made at such July meeting, 
it may be made at an adjourned or special meeting of said county 
board, to be held in the month of August next thereafter. The 
county board in every case shall fix and establish the places for hold- 
ing elections in its respective county, and all general and special 
elections shall be held at the places so fixed. The said polling places 
shall in all cases be upon the ground floor, in the front room, the en- 
trance to which is in a highway or public street, which is at least 
forty feet wide, and as near the center of the voting population of 
the district as is practicable, and for the convenience of the greatest 
number of electors to vote thereat; and in no case shall an election 
be held in any room used or occupied as a saloon, dram-shop, billiard 
hall, bowling alley or as place of resort for idlers and disreputable 
persons, or in any room connecting therewith by doors or hallways. 
No person shall be permitted to vote at any election except in the 
district in which he resides: Provided, that the county board may, 
if it deem it to be for the best interest of the voters of any town or 
precinct, divide any election precinct which contains more than three 
hundred legal voters into two election precincts, same precincts to 
contain as near two hundred voters as is possible: Provided further, 
that it shall be the duty of the county board in each county where 
any State soldiers' and. sailors' home or homes are located, the in- 
habitants of which are entitled to vote, to fix and establish the place 
or places for holding such election or elections at some convenient 
and comfortable place or places, easy of access, on the ground or 
grounds, and within the inclosure where such State soldiers' and 
sailors' home or homes are located. 

Approved Appril 24, 1899. 



ELECTIONS. 



211 



PRIMARY ELECTIONS FOR COUNTIES OTHER THAN COOK. 



i 8, 
I 9 
§10 



i 17. 

§18. 



Judges— filling- vacancies. 

Manner of voting. 

Qualifications of voter— penalty for 
illegal voting. 

Bribing voter— penalty for. 

Per diem of judges — who shall furnish 
poll books, tallysheets, etc.— ex- 
penses— how paid. 

Filling vacancies of delegates. 

Ballot box to be exhibited before open- 
ing polls— clerks to keep poll book. 

•Judges— may swear and examine per- 
sons and decide their right to vote- 
authorized to keep peace — arrests. 

Canvass of votes— disposition of re- 
turns — penalty for neglect of duty by 
judges— prosecutions. 

Repeals all conflicting laws. 

Manner of adopting this act. 



5 1. Cities, towns and villages in counties 
of less than 125,000 population may 
adopt primary election law. 

§ 2. What organization may hold— time. 

'i 3. Primary election districts, 

I 4. Polling places— penalty for violations. 

I 5. Establishment of districts and polling 
places— executive committees to ap- 
point judges and clerks. 

<j 6. County clerk's duties— notice of elec- 
tion — contents— publication of— bal- 
lot boxes— delivery and return of— 
county clerk to deliver ballots— man- 
ner of marking ballot— who may vote 
—names of candidates reported to 
county clerk— county clerks to stamp 
ballots— specimen ballots of instruc- 
tions — receipt and return of ballots- 
penalty for failure to account for bal- 
lots not returned. 

I 7. Manner of selecting delegates to nom- 
inating conventions — chairman or 
secretary may certify names of can- 
didates, delegates and alternates to 
county clerks— manner of marking 
ballots— time for opening and closing 
polls. ! 

An Act providing for primary elections of delegates to nominating 
conventions of political parties or organized tens, and to provide 
for the purity thereof. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That in all counties having 
a population of less than 125,000, as shown by the last federal census, 
incorporated cities, towns or villages, the primary election for dele- 
gates to constitute the various conventions of the different political 
parties or organizations held to nominate candidates for public office 
in this State, or any part thereof, or for Congress of the United 
States, shall be chosen in the manner provided in this act: Pro- 
vided, said act be adopted as hereinafter provided. 

§ 2. Any political party or organization which at the last general 
election in this State polled at least 25 per cent of the entire vote 
cast in such county, incorporated city, town or village, shall be en- 
titled under this act to hold one primary election on a day not less 
than thirty days preceding any regular spring election, also not less 
than thirty days preceding any regular November election. 

§ 3. For the purpose of primary elections under this act, each 
township in counties under township organization, and each election 
precinct in counties not under township organization may constitute 
•a primary election district, or each ward of incorporated cities, towns 
•and villages may constitute a primary election district. 



212 ELECTIONS. 



§ 4. The polling place for each district shall be as near the center 
of population as practicable, but no building shall be designated or 
used as such polling place in which spirituous or intoxicating liquors 
are sold, nor within 100 feet of such place. Any person who know- 
ingly names a voting place in violation of this section shall be guilty 
of a misdemeanor and, on conviction thereof, shall be fined not less 
than one hundred dollars ($100.00), nor more than two hundred dol- 
lars (S200.00), or imprisoned not to exceed one year in the county 
jail, in the discretion of the court. 

§ 5. The board of supervisors in counties having township or- 
ganization, or county commissioners in counties not under township 
organization, shall establish such primary election districts and such 
polling places, which shall be the same for all political parties ac- 
cording to this act. In default of such supervisors or county com- 
missioners designating such districts they shall be designated by the 
county judge of such county. The executive committee of such 
political party, entitled under this act, shall designate three judges- 
(two of whom shall act as clerks) of their own political party, for 
each district, who are residents of such districts and legal voters 
therein. 

§ 6. At least ten days before the primary election day, designated 
as aforesaid by such political party, it shall be the duty of the county 
clerk, or clerk of any incorporated city, town or village, upon the 
application of any political party as aforesaid to give notice of such 
primary election. Such notice shall give the name of the political 
party, the time the primaries are to be held, and the location of the 
polling place for each district. Such notice shall be published in some 
newspaper published in the territory where such primary election 
is held, if there be one. and in such newspaper as shall be designated 
by the political party holding the primary election. The county 
clerk, or such other party having charge of the ballot boxes and 
booths, shall, when demanded, deliver to the judges of each election 
precinct within two days of such election one ballot box and key and 
the necessary booths to hold such election under the general laws of 
the State. Said judges shall receipt for them and return them to 
their proper place after the election is over. 

The county clerk, or clerk of any incorporated city, town or vil- 
lage, shall furnish the judges of each primary district a sufficient 
number of ballots on white paper and of the same size, to contain 
the names of all the candidates to come before the nominating con- 
vention, and the office for which they seek a nomination. The voter 
shall make a cross before the name of the candidate of his choice for 
each of the offices to be filled, and each candidate shall receive his 
pro rata of votes cast in each district in the nominating convention 
for two ballots. 

Any legal voter who will have a right to vote at a primary election 
held under this act, may have his name appear on the official ballot 
for the nomination to any office to be filled at the election for which, 
these primaries are held. 



ELECTIONS. 213 



The names of all persons who desire to have their names printed 
on the ballot as candidates shall be reported to the county clerk or 
clerk of the incorporated city, town or village, as the case may be, not 
less than five days prior to the day on which such primary election 
shall be held. 

The county clerk, or clerk of the incorporated city, town or village, 
shall stamp or print on the back of each ballot a fac simile of his name, 
officially, together with the words "official ballot," and no ballots 
shall be counted which do not contain the above marks. 

Beside the official ballots, the county clerk, or clerk of any incor- 
porated city, town or village, shall cause to be printed on colored 
paper ballots of instruction, containing all the names and arrange- 
ment of the legal ballot; a reasonable number to be given to the 
judges of each district, who shall distribute them among the voters 
at their polling places, the same to be tacked up in a conspicuous 
place, easy of access. 

The judges shall receipt to the county clerk, or clerk of any incor- 
porated city, town or village, for the number of ballots received, and 
return all ballots not used. They shall account for all ballots not re- 
turned, and if they fail to account for the same they shall be guilty 
of a misdemeanor, and on conviction thereof shall be fined not less 
than one hundred dollars ($100.00) nor more than two hundred dol- 
lars ($200.00), or be imprisoned not to exceed one year in the 
county jail, in the discretion of the court. 

§ 7. The selection of delegates to all nominating conventions 
shall be made in the following manner: The requisite number of 
delegates to which each precinct, ward or district is entitled shall 
first be determined, and a like number of blank lines placed on each 
ballot. Names of candidates, delegates and alternates who may be 
certified as such to the county clerk seven daj^s prior to the holding 
of such primary election by the chairman and secretary of the city, 
township or county central committe of the party holding such pri- 
mary election, shall be printed upon the official ballot. The voter, 
while in the booth, shall write or pasted on the blank lines 
provided on the ballot the requisite number of names of persons 
of his choice, to act as delegates: and the requisite number of per- 
sons for delegates receiving the highest number of votes cast shall 
constitute the delegates from such precinct, ward or district to the 
nominating convention thereof, and the requisite number receiving 
the next highest number of votes cast shall constitute the alternates. 

The polls shall be opened at 12 o'clock m. on the day of election, 
and close at 7 o'clock p m. of the same day, except in rural districts, 
where they may close at 5 o'clock p. m.: Provided, they so specify 
in the call for such election. 

§ 8. If any judge who has been appointed shall fail to appear 
within fifteen minutes after the time for opening the polls, the by- 
standers of the political party holding the primary election shall fill 
.such vacancy. 



214 ELECTIONS. 



§ 9. The voter shall receive his ballot from one of the judges ? 
and the same law governing the voting at any general election shall 
govern the voting at a primary election. 

§ 10. No person shall be allowed to vote at any primary election 
except he be a citizen of the State and a resident of the district in 
which he desires to vote, and must have voted with said party at the 
last general election holding a primary election, except he be a first 
voter; nor shall any person vote more than one time, or at any other 
than at the polling place in the district wherein he resides. 

Any person who shall violate the provisions of this section shall 
be fined not less than one hundred dollars ($100.00) nor more than 
three hundred dollars ($300.00), or imprisoned in the penitentiary 
for one year, or both in the discretion of the court. 

§ 11. Any person who shall bribe, or attempt to bribe, any voter 
by offering money or other valuable thing, or promising a position to 
a voter to get him to vote for or against any particular candidate, or 
any voter who shall receive any bribe as aforesaid, shall each be 
guilty of a misdemeanor, and on conviction shall be fined not less 
than one hundred dollars ($100.00) nor more than five hundred 
dollars ($500.00), or imprisoned in the penitentiary for one year, in 
the discretion of the court. 

§ 12. The judges of such election shall each receive $1.50 per day 
for their services. 

The county clerk, or clerk of an incorporated city, town or village, 
shall furnish the judges all poll books, tally sheets and other neces- 
saries to carry out the provisions of this act. 

The expenses of conducting such primary elections shall be paid 
by the county, incorporated city, town or village in which such 
primary election is held. 

All bills shall be audited by the county clerk, or clerk of the in- 
corporated city, town or village, and he shall issue his warrant on the 
proper treasurer for. the amount due. 

§ 13. Whenever any delegate who has been elected to a nomi- 
nating convention shall not attend, the remaining delegates shall fill 
the vacancy from among the alternates elected from such district, 
and if others are required they may elect any legal voters of the 
same political party residing in the same district. 

§ 14. Before the voting begins the ballot box shall be shown to 
those present to be empty, then locked and the key given to one of 
the judges, who shall not allow it to be opened again until the polls 
are closed, and said ballot box shall be kept continually in view. 
Each clerk shall keep a poll-book, the same as in a general election 
and the certificate thereon shall be the same. 

§ 15. Any person may be sworn by one of the judges of election 
and examined under oath and the judges shall decide whether or not 
he is entitled to vote at said primary election. 



ELECTIONS. 215 



The judges shall have authority to keep the peace, and it shall be 
the duty of all officers of the law present to obey the orders of the 
judges of election, and the officer making the arrest shall be pro- 
tected the same as if a warrant had been issued to him to make the 
arrest. 

§ 16. Immediately on the closing of the polls the judges of the 
election shall proceed to count the ballots and canvass the votes 
polled, and upon the completion thereof the judges shall declare the 
result. They shall make one certificate of the same and attach it to 
the poll book, and send another in a sealed envelope to the executive 
committee holding the primary election. 

All judges of such election who knowingly neglect or refuse to do 
their duty as such officers shall be guilty of a misdemeanor, and on 
conviction thereof shall be fined not less than fifty dollars ($50.00), 
nor more than five hundred dollars ($500.00) , in the discretion of 
the court. 

It shall be the duty of the county clerk, or clerk of the incorpor- 
ated city, town or village, to aid the State's attorney with such evi- 
dence as he may have in his office to prosecute all offenses under 

this act 

§ 17. All laws and parts of laws inconsistent with this act are 
hereby rerjealed. 

§ 18. The electors of any county, incorporated city, town or vil- 
lage may adopt this act in the following manner: 

Whenever 50 per cent of the legal voters of such' county, incorpor- 
ated city, towi? or village shall petition the county judge to submit 
the proposition whether or not the electors thereof shall adopt this 
act it shall be the duty of such county judge to submit such propo- 
sition at the next election of any county, incorporated city, town or 
village, or State. 

The proposition so to be voted for shall be on a separate ballot in 
plain, prominent type, and be prepared and provided for that pur- 
pose in the same manner as other ballots: (For adopting the act for 
primary election of political parties in counties having a population 
of less than 125,000 inhabitants, Yes or No.) 

If a majority of the votes cast shall be for such proposition the 
act shall be adopted, and the county judge shall enter of record an 
order declaring this act in force in such county, incorporated city, 
town or village: Provided, this act shall not apply to counties hav- 
ing a population of 125,000 or over as ascertained by the last federal 
census. 

Provided, if any county, incorporated city, town or village shall 
adopt the provisions of this act it shall work a repeal of all laws or 
parts of laws conflicting herewith. 

Approved April 24, 1899. 



216 ELECTIONS — EVIDENCE AND DEPOSITIONS. 



PUBLICATION OF PROPOSITIONS TO BE VOTED FOR. 

I 1. Secretary of State to prepare state- [ i 2. Secretary of State to certifr statements 

ment of constitutional amendments [ to county clerks, 

or other propositions to be voted for j 

and submit same to the Attorney \ 3. County clerks to publish and post 
General . statements. 

An Act to provide for the publication of all constitutional amend- 
ments or other propositions required by law to be voted for. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That whenever any constitu- 
tional amendment or other proposition required by law to be voted 
upon before its adoption, shall be submitted to the people, it shall be 
the duty of the Secretary of State to prepare a statement setting forth 
in detail the section or sections of the constitution or law sought to 
be amended by said vote, together with such statements and sug- 
gestions as may be necessary for a proper understanding of said 
proposition, which said statements and suggestions shall be submitted 
to the Attorney General for his approval. 

§ 2. It shall be the duty of the Secretary of State, after said 
statements and suggestions shall have been approved by the Attorney 
General as provided in section 1 of this act, to certify to each county 
clerk, under seal, said statements and suggestions. 

§ 3. It is hereby made the duty of the county clerk to have the 
statements and suggestions mentioned in sections 1 and 2 of this 
act published and posted at the same time, in the same manner and at 
the same places that the sample ballots and instructions to voters 
are required by law to be posted. 

Approved April 22, 1899. 



EVIDENCE AND DEPOSITIONS. 



PARTNERS AND JOINT CONTRACTORS. 

I 1. Amends section 4 of the Act of 1872: 

§ 4. Corroboration of testimony of adverse party concerning' admission or conversa- 
tion of deceased partner or joint contractor. 

I 2. Repeal. 

An Act to amend an act entitled "An act in regard to evidence and 
depositions in civil cases,'''' approved March 29, 1872, in force July 
1. 1872. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section 4 of an act 
entitled "An act in regard to evidence and depositions in civil cases," 
approved March 29, 1872, in force July 1, 1872, and thereafter amended 
by an act entitled "An act to amend section 4 of an act entitled 'An 



FEES AND SALARIES. 217 



act in regard to evidence and depositions in civil cases,' " approved 
May 31, 1879, in force July 1, 1879, be amended so as to read as 
follows: 

§ 4. Partners, joint contractors and deceased agents.] In 
any action, suit or proceeding by or against any surviving partner or 
partners, joint contractor or joint contractors, no adverse party or 
person adversely interested in the event thereof, shall, by virtue of 
section 1 of this act, be rendeded a competent witness to testify to 
any admission or conversation by any deceased partner or joint con- 
tractor, unless some one or more of the surviving partners or joint 
•contractors were also present at the time of such admission or con- 
versation; and in every action, suit or proceeding a party to the same 
who has contracted with an agent of the adverse party — the agent 
having since died — shall not be a competent witness as to any admis- 
sion or conversation between himself and such agent unless such ad- 
mission or conversation with the said deceased agent was had or made 
in the presence of a surviving agent or agents of such adverse part}', 
and then only except where the conditions are such that under the 
provisions of sections 2 and 3 of this act he would have been per- 
mitted to testify if the deceased person had been a principal and not 
an agent. 

§ 2. Repeal.] All acts or parts of acts inconsistent herewith are 
hereby repealed. 

Approved April 24, 1S99. 



FEES AND SALARIES. 



CONCERNING FEES OF CIRCUIT 'CLERKS. 

$ 1. Amends section 14 of the Act of 1872: 

i. 14. Fees of clerk of the circuit court— poor persons. 
I 2. Repeal. 

An Act to amend Section 14 of an act concerning fees and salaries, 
and to classify the several counties of this State with reference 
thereto, approved March 29, 1872, in force July 1. 1872. Title 
as (tmended by act approved March 28, 1874, in force July 1, 1874. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section 14 of "An act 
concerning fees and salaries, and to classify the several counties of 
this State with reference thereto," approved March 29, 1872, in force 
July 1, 1872, title as amended by act approved March 28, 1874. in 
force July 1, 1874, be, and the same is hereby, amended to read as 
follows: 

§ 14. The fees of the clerk of the circuit court in counties of the 
first and second class shall be as follows: 



218 FEES AND SALARIES. 



First — For all cases of narr and cognovit, for judgments to be en- 
tered in vacation or in term time, in counties of the first class, $4.50. 

Second — in counties of the second class, $4.00. 

Third — In transcripts from a justice of the peace, or courts o 
record, or in cases of change of venue, in cases of appeal to said 
courts in both first and second class counties, $4.00. 

Fourth — In transcripts of judgment from justices of the peace or 
courts of record, for the purpose of creating a lien, in counties of the 
first and second class, including one execution, $3.00. 

Fifth — In cases of proceedings for the exercise of eminent domain, 
the petitioner or petitioners shall pay the said clerk the sum of. in 
counties of the first class, $20.00. 

Sixth — In counties of the second class, $16.00. 

Seventh — In all other cases in common lave, in counties of the first 

class, $6.00. 

Eighth — In counties of the second class, $5.00. 

Ninth — In actions of chancery, in all divorce cases, in counties of 
the first class, $6.00. 

Tenth — In counties of the second class, $5.00. 

Eleventh — In partition cases, in counties of the first class, $15.00. 

Twelfth — In counties of the second class, $12.00. 

Thirteenth — In cases to foreclose mortgages, in counties of the 
first class, $10.00. 

Fourteenth — In counties of the second class, $9.00. 

Fifteenth — In all other chancery cases, in counties of the first 
class, $9.00. 

Sixteenth — In counties of the second class, $8.00. 

Seventeenth — In all criminal cases, in counties of the first class. 
$6.00. 

Eighteenth —In counties of the second class, $5.00. 

Nineteenth — For all executions, issued either as alias or pluries. 
$1.00. "For issuing each writ of habeas corpus, certiorari, or 
procedendo, in counties of the first class, 40 cents; in counties of the 
second class, 25 cents." 

Twentieth — For each appearance of the defendant or defendants, 
respondent or respondents, appellee or appellees, the clerk in all 
cases in counties of the first and second class, $1.00: Prodded, that 
no fee shali be required when appearance is entered by guardian 
ad litem for minor defendants; which sums shall in like manner be 
in full for all services rendered or to be rendered by the clerk for, or 
on behalf of the defendant or defendants, respondent or respondents, 
appellee or appellees, in or during the progress of such suit to the 
final termination thereof: Provided, for making up a complete 
record of proceedings and judgments, or transcripts for change of 



FEES AND SALRIES. 219 



venue, when directed by the court, for every one hundred words, in 
counties of the first class, 15 cents. In counties of the second class, 
10 cents. 

In all cases except in criminal cases, wherein the same are dismissed 
or settled without trial at the term to which process is made return- 
able, one-half the fees provided in the foregoing shall be allowed. 

For taking depositions when requested and certifying to and seal- 
ing the same, for every one hundred words, in counties of first class., 
15 cents; in counties of second class, 12 cents. 

For swearing persons to declaration of intention to become a citi- 
zen, and filing the same, in counties of the first and second class, 
25 cents. 

For copy of the same with certificate and seal, in all counties of 
the first and second class, 25 cents. 

For making entry of record or [of] naturalization and for a copy 
thereof, or either, in all counties of the first and second class, 50 cents. 

For taking acknowledgment of deed or other instrument of writing 
with seal, in counties of first and second class, 25 cents. 

For recording any deed or other instrument in writing, for every 
one hundred words, in counties of first class, 10 cents: in counties of 
second class, 8 cents, and a certificate to be made by the recorder of 
the recording of a deed or other writing and the date of recording 
the same, signed by the clerk shall be deemed sufficient evidence of 
the recording thereof, and for which, including indexing said instru- 
ment, there shall be charged a fee of twenty-five cents in all counties 
of first and second class. 

For copies of records, the same fees as for recording. 

For entering each tract in entry book of conveyance, in counties 
of first class, 10 cents; in counties of second class, 5 cents. 

For recording every city, town or assessor's plat, each lot or tract 
of land included in said plat, in counties of first class. 10 cents; in 
counties of second class, 8 cents when the number of lots does not 
exceed twenty, and for each additional lot, 5 cents. 

For entering each tract of land or town lot named in any one deed, 
above five, in the entry book, 5 cents in first and second class. 

Provided, that any poor person shall be allowed to commence suit 
without the payment of costs, by filing an affidavit that he is a poor 
person and unable to pay costs. 

§ 2. All acts or parts of acts^so far as they conflict with the 
provisions of the foregoing be, and'the same are hereby, repealed. 
Approved April 24, 1899. 



220 FIRE ESCAPES. 



FIRE ESCAPES. 



SUPERVISION OF COUNTY AND MUNICIPAL AUTHORITIES. 

4. Penalty for failure to comply. 



'& 1. Fire escapes to be provided for certain 
buildings within six months— kind 
of — to be approved by county boards 
and corporate authorities. 

§ 2. All buildings hereafter erected be pro- 
vided with fire escapes as set forth 
in section 1. 

I 3. Notice to owners or occupants. 



I 5. Disposition of fines. 

I 6. Complaints made in writing- to authori- 
ties—penalty for failure of duty of 
authorities. 

I 7. Repeals Act of 1S97. 

I 8. Emergency. 



An Act relating to fire escapes. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That within six (6) months 
after the passage of this act. all buildings in this State which are 
four or more stories in height, excepting such as are used for private 
residences exclusively, but including flats and apartment buildings, 
shall be provided with one or more metallic ladder or stair fire 
escapes attached to the outer walls thereof and extending from, or 
suitably near the ground, to the uppermost story thereof, and pro- 
vided with platforms of such forms and dimensions, and in such 
proximity to one or more windows of each story above the first, as 
to render access to such ladder or stairs from each such story easy 
and safe; the number, location, material and construction of such 
escapes to be subject to the approval of the board of supervisors in 
counties under township organization, and a board of county com- 
missioners in counties not under township organization, except in 
villages, towns and cities organized under any general or special law 
of this State, such approval shall be had by the corporate authorities 
of such villages, towns and cities: Provided, however, that all build- 
ings more than two stories in height, used for manufacturing pur- 
poses or for hotels, dormitories, schools, seminaries, hospitals or 
asylums, shall have at least one such fire escape for every fifty (50) 
persons for which working, sleeping or living accommodations are 
provided above the second stories of said buildings; and that all 
public halls, which provide seating room above the first or ground 
story, shall be provided with such numbers of said ladder or stair fire 
escapes as the board of supervisors or commissioners or corporate 
authorities aforesaid may direct. 

§ 2. All buildings of the number of stories and used for the 
purposes set forth in section one (1) of this act, which shall be here- 
after erected within this State, shall upon or before their completion 
each be provided with fire escapes of the kind and number, and in 
the manner set forth in said section 1 of this act. 

§ 3. The boards of supervisors and commissioners, and in villages, 
towns and cities, the corporate authorities thereof as aforesaid shall 
direct the sheriff of their respective counties to serve a written notice 
in behalf of the people of the State of Illinois, upon the owner or 



FIRE ESCAPES. 221 



owners, trustees, lessee or occupant of any building within their 
county not provided with fire escapes in accordance with the require- 
ments of this act commanding such owners, trustees, lessee or occu- 
pant, or either of them, to place or cause to be placed upon such 
building such fire escape or escapes within thirty (30) days after the 
service of such notice. And the grand juries of the several counties 
of this State may also, during any term, visit or hear testimony re- 
lating to any building or buildings within their respective counties, 
for the purpose of ascertaining whether it or they are provided with 
fire escapes in accordance with the requirements of this act, and sub- 
mit the result of their inquiry, together with any recommendations 
they may desire to make, to the circuit court, except in Cook county, 
and to the criminal court of Cook county, and said court may there- 
upon, if it find from the report of said grand jury that said building 
or buildings is [not] or are not provided with a fire escape or escapes in 
accordance with this act, cause the sheriff to serve a notice or notices 
upon the owner, trustees, lessee or occupant of such building or 
buildings. 

§ -A. Any such owner or owners, trustees, lessee or occupant, or 
either of them, so served with notice as aforesaid, who shall not 
within thirty (30) clays after the service of such notice upon him or 
them, place or cause to be placed such fire escape or escapes upon 
such building as required by this act and the terms of such notice, 
shall be subject to a fine of not less than twenty- five (25) nor more 
than two hundred (200) dollars, and to a further fine of fifty (50) 
dollars for each additional week of neglect to comply with such 
notice. 

§ 5. All the money or moneys collected as fines under and by vir- 
tue of this act, shall be paid into or placed to the credit of the com- 
mon school fund of the counties in which they are collected. 

S 6. Any person may at any time make complaint in writing to 
the board of supervisors or commissioners or corporate authorities 
whose duty it is hereunder to enforce this law, that such escape or 
escapes are needed or are unsafe or insufficient, and it shall be the 
duty of such board of supervisors or commissioners or corporate 
authorities to at once inspect such building and escape or escapes 
and cause the sheriff to notify the owner, occupant or party in con- 
trol, to immediately take such steps as to overcome the cause of 
complaint, and any officer, officers or persons failing to comply with 
this act, upon such complaint being made, shall be fined upon con- 
viction, for each offense, not less than five dollars nor more than one 
hundred dollars, in any court of competent jurisdiction. 

§ 7. That an act entitled. "An act relating to fire escapes for 
buildings," approved May 27, 1807, and in force July 1. L S V)7. and 
all other acts and parts of acts inconsistent with the provisions of 
this act, be, and the same are hereby, repealed. 

§ 8. Whereas, an emergency exists that this act shall take effect 
without delay, therefore this act shall take effect and be in force 
from and after its passage. 

Approved April 21, 1899. 



.222 



FISH AND GAME. 



FISH AND GAME. 



AN ACT FOR THE PROTECTION OF GAME. 



5. 1. Enacting clause. 

I 1. Specifies time when game may be 
killed, and how— penalties for viola- 
tion. 

I 2. Having game in possession and offer- 
ing for sale, transportation, etc.— 
penalties for violation. 

\ 3. What birds not to be killed— penalty- 
game birds defined. 

\ 4. Robbing nests of game'birds — penalty. 

i 5. Trapping birds— penalty. 

I 6. Selling or exposing for sale any of the 
animals or wild fowls mentioned in 
this act after five days— proviso. 

\ 7. Exceptions as to common carriers 
shipping game through State. 

I 8. Prosecutions— disposition of fines. 

I 9. Prosecutions — limited as to time of 
commencing. 

i 10. Unlawful to kill certain wild animals 
and fowls for five years— penalty. 

•§11. Ownership of and title to wild game 
and birds declared to be in the State. 

§ 12. Specifies time when certain birds may 
be killed— how killed— penalty. 

I 13. Robbing nests of wild game or birds- 
penalty. 

'i 14. Eggs taken for scientific purposes. 

\ 15. County clerks may grant certain per- 
sons certificates to collect birds, 
their nests and eggs for scientific 
purposes— clerk's fee— bond— penal- 
ties for violations. 

-2 16. Time certificates are in force— certifi- 
cates are not transferable. 



I 17. State Game Commissioner— appoint- 
ment— duties— authorized to appoint 
game wardens who may appoint 
deputies. 

\ 18. Duties of commissioner, game war- 
den and deputies— sheriff, deputy 
sheriffs, coroners and police officers 
to be ex-oMcio deputy game wardens 
—duties. 

I 19. Compensation of game commissioner 
—how drawn — commissioner allowed 
necessary printing, stationery, pos- 
tage, office room and furniture and 
assistance— how paid — compensation 
of game wardens and deputies— how 
drawn. 

§ 20. Search warrants. 

5 21. Hearing on warrants. 

I 22. Judgment on sale. 

§ 23. Distribution of proceeds of sale. 

i 24. Annual report to the Governor— con- 
tents. 

I 25. Commissioner, wardens and deputies 
not liable for wrongful seizure. 

I 26. License for non-residents— Secretary 
of State to issue— fee — number of 
birds allowed to be taken— license 
good for only one county— penalty 
for violations. 

§ 27. Penalty for altering license. 

§ 28. Prosecutions relating to license— how 
made— disposition of amount recov- 
ered. 

I 29. Unlawful to hunt within the grounds 
of another without permission. 

'i 30. Prosecutions under section 29. 

\ 31. Penalty for violating provisions of 

section 29— disposition of fines. 
I 32. Repeal. 



FISH AND GAME. 223 



An Act to provide additional remedies for the protection of game, 
wild fowl and birds, and to amend, revise and consolidate the 
amended game law. approved June 1, I860, and in force July 1, 
1889, and the game warden act, approved June 27, 1885. in force 
July 1. 1885. and the act to prohibit persons from hunting within, 
the enclosures of others without leave, as amended by act approv- 
ed June 17, 1891, in force July 1, 1891. 

Section 1. Be it enacted by the People of the Stcde of Illinois, 
represented in the General Assembly: That sections 1, 2, 3, 4, 
6, 8 and 9 of an act entitled, "An act to revise and consolidate 
the several acts relating to the protection of game and for the pro- 
tection of deer, wild fowl and birds,'' approved June 1. 1889, in force 
July 1. 1889. and sections 3. 6, 7 and 8 of an act entitled, "An act to 
provide an additional remedy for the protection of game and for the 
protection of deer, wild fowl and birds, and for the appointment of 
game wardens and denning the duties and jwwers of the same." ap- 
proved June 27, 1885, in force July 1, 1885, and sections 1. 2 and 3 of 
"An act to prohibit persons from hunting within the enclosures of 
others without leave," as amended by an act approved June 17, 1891, 
in force July 1, 1891, be amended to read as follows: 

§ 1. It is hereby declared to be unlawful to hunt, kill, net, entrap, 
ensnare or destroy, or to attempt to hunt, kill, net, entrap, ensnare or 
destroy or to have in possession any wild buck, doe or fawn, or wild 
turkey, between the 15th day of January and the 1st day of Septem- 
ber of each and every year, or any pinnated or ruffled grouse, prairie 
chicken, pheasant or partridge between October 1st and August 31st 
of the succeeding year, or any quail between the 20th day of Decem- 
ber and the 1st day of November of the succeeding year, or of any 
woodcock or mourning dove between the 1st day of December and 
the 1st day of September of the succeeding year, or of any grey. red. 
fox or black squirrel between the 15th day of December and the 1st 
day of September of each succeeding year, or of any jack snipe, 
Wilson's snipe, sand snipe or any kind of snipe, or any golden plover, 
upland plover, yellow legged plover or any other kind of plover be- 
tween the 25th day of April and the 1st day of September of each 
succeeding year, and it shall be unlawful to kill, hunt, destroy, en- 
snare, entrap or attempt to kill, hunt, ensnare, entrap or otherwise 
destroy any wild goose, duck, brant or other water fowl at any time 
between the 15th day of April and the 1st day of September of any 
year. And it shall be unlawful to hunt, kill, entrap, ensnare or to 
attempt to hunt, kill, entrap, ensnare or otherwise destroy any wild 
goose, brant, duck, rail or other w T ater fowd between the sunset of 
any day and the sunrise of the next succeeding day at any period of 
the year. And it shall further be unlawful, at any time, to hunt, 
kill, entrap or ensnare or to attempt to hunt, kill, entrap or ensnare 
or otherwise destroy any wild goose, brant, duck or other water fowl 
from any fixed or artificial ambush beyond a natural covering of 
reeds, canes, flags, wild rice or other vegation above the water of any 
lake, river, bay or inlet or other water course wholly within this 



224 FISH AND GAME. 



State, or in such part of such stream or water course wholly within 
this State, or with the aid and use of any device commonly called 
sneak boat, sink boat, sink box or other device used for the purpose 
of concealment in the open waters of this State. And it shall further 
be unlawful to shoot, kill or destroy or shoot at any wild goose, duck, 
brant or other water fowl with a swivel gun, or from any sail boat, 
electric launch or steamboat at any time in any part of the water of 
any lake, river, bay or inlet or other water course wholly within this 
State: Provided, that the animals, fowls and birds mentioned in 
section 10 of this act shall not be killed for a period of five years 
from and after the taking effect of this act. Any person so offending 
shall, for each and every offense, be deemed guilty of a misdemeanor, 
and on conviction shall be fined in any sum not less than -fifteen 
dollars nor more than fifty dollars and costs of suit, and shall stand 
committed to the county jail until such fines and costs are paid: 
Provided, that such imprisonment shall not exceed ten days, and the 
killing of each bird or animal herein specified shall be deemed a sep- 
arate offense. 

§ 2. It shall be unlawful for any person to buy, sell or have in 
possession any of the animals, wild fowl or birds mentioned in sec- 
tion 1 of this act, at any time when the killing, trapping, netting and 
ensnaring of such animals, wild fowl or birds shall be unlawful which 
shall have been killed, entrapped, netted or ensnared contrary to the 
provisions of this act. And it shall further be unlawful for any per- 
son or persons at any time to sell or expose for sale, or to have in his 
or their possession for the purpose of selling, any quail, pinnated 
grouse or prairie chicken, ruffled grouse or pheasant, grey, red, fox or 
black squirrel or wild turkey that shall have been caught, ensnared, 
trapped or killed within the limits of this State. And it shall further 
be unlawful for any person, corporation or carrier to receive for trans- 
portation, to transport, carry or convey any of the aforesaid quaiL 
pinnated grouse or prairie chicken, ruffled grouse or pheasant, 
squirrel, or wild turkey that shall have been caught, ensnared, trapped 
or killed within the limits of this State, knowing the same to have 
been sold, or to transport, carry or convey the same to any place 
it is to be sold or offered for sale, or to any place outside of 
this State for any purpose, except such person have a license from 
this State so to do. And any person guilty of violating any of the 
provisions of this section shall be deemed guilty of a misdemeanor, 
and. on conviction thereof, shall be fined not less than twenty-five 
dollars nor more than one hundred dollars for each and every offense, 
and shall stand committed to the county jail not exceeding ten days 
until such fines and costs are paid: Provided, that the selling, ex- 
posing for sale, having in possession for sale, transporting or carrying 
and conveying, contrary to the provisions of this section, of each and 
every animal or bird forbidden herein, shall be deemed a separate 
offense. 

$ 3. Any person who shall, within the State, kill or catch or have 
in his or her possession, living or dead, any wild bird other than a 
game bird, English sparrow, crow, crow- black bird or chicken hawk, 



FISH AND GAME. 225 



or who shall purchase, offer or expose for sale any such wild bird 
after it has been killed or caught, shall, for each offense, be subject 
to a fine of five dollars for each bird killed or caught, or had in 
possession, living or dead, or imprisonment for ten days, or 
both, at the discretion of the court: Prodded, that nothing in 
this section shall be construed to prevent the owner or occupant of 
lands from destroying any of such birds when deemed necessary by 
him for the protection of fruits or property. For the purposes of 
this act the following only shall be considered game birds: The 
Antidse, commonly known as swans, geese, brant and river and sea 
ducks; the Rallidse, commonly known as rails, coots, mud-hens and 
gallinules: the LinicoLe, commonly known as shore birds, plover, surf 
birds, snipe, wood-cock, sand-pipers, tatlers and curlews; the Gal- 
. lime, commonly known as wild turkeys, grouse, prairie chickens, 
pheasants, partridges, quails, and mourning doves. 

§ 4. It shall be unlawful for any person or persons to destroy or 
remove from the nests of any prairie chicken, grouse or quail, wild 
turkey, dock, goose or brant, any ego- or eggs of such fowl or bird, 
or for any person to buy. sell, have in possession or traffic in such 
eggs or wilfully destroy the nests of such birds or fowls, or any or 
either of them. And any person so offending shall, on conviction, be 
fined five dollars for each offense. 

§ 5. No person or persons shall at any time, with trap, snare or 
net, take or attempt to trap, ensnare or net any wild turkey, prairie 
chicken, quail, grouse or pheasant at any time, and every person so 
offending shall, on conviction, be fined in a sum not less than five 
dollars nor more than twenty- five dollars and costs of suit, and shall 
stand committed to the county jail until such fine is paid: Provided, 
that such imprisonment shall not exceed fifteen days. 

§ 6. No person or r>ersons shall sell, or expose for sale, or have in 
his or their possession for the purpose of selling or exposing for sale, 
any of the animals, wild fowls or birds mentioned in section one (1) 
of this act after the expiration of five (5) days next succeeding the 
first day of the period in which it shall he unlawful to kill, entrap or 
ensnare such animals, wild fowls or birds; nor shall any of such ani- 
mals, wild fowls or birds be sold or offered for sale during the first 
two days of the open season. Any person so offending shall, on con- 
viction, be fined and dealt with as specified in section one (1) of this 
act. and selling or exposin.2; for sale, or having the same in possession 
for the purpose of selling or exposing for sale, any of the animals or 
birds mentioned in this section, after the expiration of the time men- 
tioned in this section, shall be prima facie evidence of the violation 
of this act: Provided, that the provisions of this act shall not apply 
to the killing of birds by or for the use of taxidermists for preserva- 
tion either in public or private collection, if so preserved: Provided 
further, that nothing contained in this section shall be construed as 
modifying or being; in conflict with section two (2) of this act, or 
authorizing or legalizing the sale or exposing for sale, transportation 
or receiving for transportation, any of the animals, birds or game as 
therein prohibited: And provided, also, that inhabitants of villages 
— 15 



226 FISH AND GAME. 



and cities may receive game from other states, and expose and sell 
the same on the market in said villages and cities between the first 
day of October and the first day of February of the following year. 

§ 7. The provisions of this act shall not be construed as appli- 
cable to any express company or common carrier, into whose posses- 
sion any of the animals, wild fowl or birds herein mentioned shall 
come in the regular course of their business for transportation whilst 
they are in transit through this State from any place without this 
State where the killing and transportation of said animals, wild fowl 
or birds shall be lawful. But notwithstanding this provision, the 
having or being in possession of any such animals, wild fowl or birds 
as are mentioned in section one (1) upon any of the clays upon which 
the killing, entrapping, ensnaring, netting, buying, selling, or having 
in possession any such animals, wild fowls or birds, shall be unlaw- 
ful by the provisions of this act, shall be deemed and taken as prima 
facie evidence that the same was ensnared, trapped, netted or killed 
in violation of this act. 

§ S. All prosecutions under the provisons of this act, except as 
otherwise herein provided, shall be brought by any person in the 
name of the People of the State of Illinois, against any person or 
persons violating any of the provisions of this act, before any justice 
of the peace of the county in which such violation is alleged to have 
taken place, or before any court of competent jurisdiction: and it is 
hereby made the duty of the State's attorneys to see that the provis- 
ions of this act are enforced in their respective counties, and they 
shall prosecute all offenders on receiving information of the violation 
of any of the provisions of this act: and it is made the duty of 
sheriffs, deputy sheriffs, constables and police officers to inform 
against and prosecute all persons whom there is probable cause to 
believe are guilty of violating any of the provisions of this act; one- 
half of the amount recovered in any penal action under the provisions 
of this act shall be paid to the person filing the complaint in such 
action, and the remaining one-half to the game protection fund. 

§ 9. All prosecutions under this act shall be commenced within 
six months from the time such offense was committed and not after- 
wards. 

§ 10. That it shall be unlawful for any person or persons in the 
State of Illinois for and during a period of five years from and after 
the passage of this act. to injure, take, kill, expose or offer for sale, 
or have in possession except for breeding purposes, any wild buck, 
doe or fawn, ring-neck, Mongolian pheasant, any green Japanese 
pheasant, English pheasant, any copper pheasant or Scholmeringom, 
any Trogapan pheasant, silver pheasant or golden pheasant, any Cacu- 
bis, any chucker partridge, and sand-grouse, any black India partridge. 

Any person violating the provisions of this section shall be deemed 
guilty of a misdemeanor, and upon conviction shall be punished by 
a fine of not less than fifty dollars nor more than one hundred dol- 
lars, and in default of payment of the fine imposed shall be impris- 
oned in the county jail at the rate of one day for each dollar of the 



FISH AND GAME. 227 



Ifine imposed. The one-lialf of all fines imposed and collected under 
this act shall be paid to the informer and the balance shall be paid 
to the game protection fund. 

§ 11. The ownership of and title to all wild game and birds in the 
State of Illinois is hereby declared to be in the State, and no wild 
game or birds shall be taken or killed in any manner or at any time, 
except the person' so taking or killing shall consent that the title to 
said game shall be and remain in the State of Illinois for the pur- 
pose of regulating the use and disposition of the same after such 
taking or killing. The taking or killing of wild game or birds at 
any time or in any manner or by any person shall be deemed a con- 
sent of said person that the title to such game or birds shall be and 
remain in the State for said purpose of regulating the use and dis- 
position of the same. 

§ 12. It shall be unlawful for any person, except during the 
month of September in each year, to injure, take, kill, expose or 
offer for sale, or have in possession, except for breeding purpose, any 
pinnated grouse or prairie chicken, any ruffled grouse or partridge, 
that shall have been killed or taken in the State of Illinois: Pro- 
vided, such birds may be killed with a shot-gun during the month 
of September only. 

Any person violating the provisions of this section shall, on con- 
viction, be fined not less than twenty-five (25.00) dollars nor more 
than one hundred (100.00) dollars, and in default of payment of the 
fine imposed shall be imprisoned in the county jail at the rate of one 
day for each dollar of the fine imposed until the fine is paid. 

§ 13. Any person who shall, within the State of Illinois, take or 
•needlessly destroy the nest or the eggs of any wild game or birds, or 
shall have such nest or eggs in his or her possession, shall be subject 
for each offense to a fine of five (5.00) dollars, or imprisonment for 
ten days, or both, at the discretion of the court. 

§ 14. Sections 3 and 13 of this act shall not apply to any person 
holding a certificate giving the right to take birds and their nests 
and eggs for scientific purposes, as provided for in section 15 of this 
act. 

§ 15. Certificates may be granted by the county clerks of the 
several counties of this State to any properly accredited person of the 
age of fifteen years or upwards, permitting the holder thereof to 
collect birds, their nests or eggs, for strictly scientific purposes onl} r . 
In order to obtain such certificates the applicant for the same must 
present to the county clerk, to whom the application is made, written 
testimonials from two well-known scientific men, certifying to the 
good character and fitness of said applicant to be intrusted with such 
privilege; must pay to said county clerk one dollar to defray the 
necessary expenses attending the granting of such certificates; and 
must file with said county clerk a properly executed bond, in the sum 
of two hundred dollars, signed by two responsible citizens of the 
State as sureties. This bond shall be forfeited to the State, and the 
vcertificate become void upon proof that the holder of such certificate 



228 FISH AND GAME. 



has killed any bird, or taken the nest or eggs of any bird, for other 
than thp purpose named in sections 3 and 13 of this act, and shall be 
further subject for each offense to the penalties provided therefor in 
sections 3 and 13 of this act. 

§ 16. The certificate authorized by this act shall be in force until', 
the 1st day of June next succeeding only from the date of their issue, 
and shall not be transferable. 

§ 17. In order that the provisions of this act may be more fully 
carried out, the Governor of the State shall appoint one State Game- 
Commissioner, whose term of office shall be for the period of incum- 
bency of the Governor appointing him or until his successor is 
appointed, whose duty if shall be to secure the enforcement of all the- 
statutes of the State for the preservation of game and birds; to bring 
and cause to be brought actions and proceedings in the name of the 
People of the State of Illinois; to recover any and all fines and pen- 
alties provided for in such laws relating to game and birds, and to 
prosecute all violators of said statutes. The State Game Commissoner 
is empowered to appoint, by and with the approval of the Governor, 
one game warden for each congressional district of the State; he is> 
also authorized to appoint one or more deputy game wardens from 
each county of the State. They shall have like authority with the 
State Game Commissioner in the enforcement of the laws of the 
State relative to game and birds throughout the State, and shall be- 
immediately responsible to the State Game Commissioner and to re- 
port to him within ten days on request. Such game wardens and 
deputy game wardens shall be subject to removal by the State Game 
Commissioner at any time. 

§ 18. Such game commissioners, game wardens and their deputies- 
shall have full power to execute and serve all warrants and processes 
of law issued by any justice of the peace or police magistrates., 
or by and any court having jurisdiction under any law relating to 
game in the same manner as any constable may serve and exe- 
cute such process, and may arrest on sight and without warrant any 
person detected by them actually violating any of the provisions of 
the laws of the State relating to game and birds, and ma}' take such 
person so offending before any court having jurisdiction of the offense 
and make proper complaint before such court, which shall proceed 
with the case in the manner and form provided by law for misde- 
meanors. It shall further be the duty of such game commissioner, 
game wardens or their deputies, upon receiving information that any 
law relative to game and birds has been violated, to immediately 
cause a thorough investigation of such complaint to be made, and to 
cause proceedings to be instituted if the proof at hand warrants: and 
all sheriffs, deputy sheriffs, coroners and police officers of the State 
are hereby declared to be rx-officio deputy game wardens, and it shall 
be the duty of each and every one of them to assist the State Game- 
Commissioner, game wardens and their deputies in the enforcement 
of the State game laws, the same as it is their duty to assist in the- 



FISH AND GAME. 229 



•enforcement of other laws, and such game commissioner, game war- 
dens and deputy game wardens shall seize on sight without process 
any game found in the possession of any person or corporation which 
is so in possession contrary to law. 

§ 19. Such State Game Commissioner shall receive a salary of 
twenty-five hundred dollars per year, payable monthly, and his actual 
expenses and disbursements while traveling in the line of his duties, 
such expenses and disbursements to be audited and paid from the 
game protection fund upon vouchers therefor filed with the Secretary 
of State and approved by the Governor. He shall also be allowed 
the necessary printing, stationery and postage, and shall be furnished 
a suitable room and necessary office furniture, and such assistance, 
such as clerk and stenographer, as the office requires, and the same 
to be paid for from the game protection fund. 

The district game wardens provided for in this act, shall receive a 
per diem not exceeding three dollars per day. to be fixed by the State 
Game Commissioner, by and with the approval of the Governor, which 
per diem shall only include such days as such wardens shall be under 
the direct order of the State Game Commissioner to perform services 
in the enforcement of the game laws, and upon certificate of the State 
game commissioner that such services have actually been rendered 
at his instance. In addition to the per diem provided for. such game 
wardens shall receive the actual and necessary expenses incurred 
while working under the directions of the State Game Commissioner, 
which expenses shall be paid upon vouchers therefor filed with the 
Secretary of State and approved by the Governor, and countersigned 
by the State Game Commissioner. All money used for the payment 
of the vouchers so mentioned in this act shall be taken from and 
charged to the game protection fund. The deputy game wardens 
■appointed from any county shall receive one-half of all fines wherein 
the case has been brought by them for violation of the game and 
license law; the remaining onedialf shall be paid into the game pro- 
tection fund. And in such cases, wherein the violator does not pay 
a fine but is committed to jail, the game warden or deputy shall be 
reimbursed for his actual expenses on vouchers filed and approved, 
the same as that provided for the game warden, and shall also be paid 
the sum of five dollars for such conviction, to be paid out of the game 
protection fund; but such fee shall not be paid in any case other 
than game cases or cases relating to licenses. 

§ 20. If said game commissioner, game wardens and deputies, or 
either of them, has reason to believe, or does believe, that any person 
or corporation has in his or their possession, contrary to law, any 
game, deer, wild fowl or bird, it shall be the duty of such game 
commissioner, game wardens or deputies to go before any justice of 
the peace in the county and make affidavit of that fact; said justice 
shall thereupon issue a search warrant against the person or corpora- 
tion so complained of, directed to any constable of the county, com- 
manding him to proceed at once and search for said game, deer, wild 
fowl or bird and upon finding the same, to seize and take possession 



230 FISH AND GAME. 



of the same and keep it until further ordered by the justice; said" 
constable shall also read said warrant to the owner or person in whose- 
possession said game, deer, wild fowl or bird is found. Said warrant 
shall be substantially as follows: 

State of Illinois, ) 

> ss. 
County. ) 

To any Constable in said county. Greeting: You are hereby com- 
manded to search (here describe place), and seize and take possession 
of and hold any game, wild fowl or bird found there. And you (here 
name owner, or person or corporation in whose possession game is- 
found) are hereby notified to appear before me, at my office in (here 
locate office), on (here state time of trial), and show cause why the 
game, deer, wild fowl or birds should not be sold and the proceeds; 
thereof distributed, as required by law. 

(Date of warrant.) (Signature of Justice.) 

Justice of the Peace.. 

Which said warrant shall be returnable within not less than twelve 
nor more than twenty- four hours from the date thereof. 

§ 21. At the time mentioned in said warrant, said justice shall 
proceed to hear and determine whether said game, deer, wild fowl or 
bird was in the possession of the person or corporation contrary to* 
law, and if said justice finds that said game, deer, wild fowl or bird 
was in the possession of the defendant contrary to law. then said 
justice shall enter judgment against the defendant and order a sale- 
of the game, deer, wild fowl or bird seized; but if said justice shall 
find that the possession of said game, deer, wild fowl or bird was not 
contrary to law, then the judgment of the court shall be that the 
same be returned to the person or corporation from whom the same- 
was taken. 

§ 22. In case of a judgment and order of sale, as specified in sec- 
tion 21, then said constable shall at once post two notices, one at the 
justice's office and one at the place of sale, specifying in each notice 
the time and place of sale, not less than five hours from the date of 
judgment, also a description of the game, deer or wild fowl to be 
sold; said place of sale shall be upon the principal produce street or 
market of the city; said constable shall at the time and place men- 
tioned in said notices sell said game, deer, wild fowl or bird at public- 
auction to the highest bidder for cash, and at once pay the proceeds- 
of such sale into the justice's court; said constable shall give to the 
purchaser a certificate of purchase, in which shall be a particular 
description of the game sold, together with the date of sale. 

§ 23. Said justice shall, as soon as the proceeds of sale are- 
paid into his court, deduct the amount of his costs, together with the 
constable's costs, and distribute the balance as follows: One-half 
shall be paid to the game warden or deputy making the complaint, 
which shall be kept by him for his services, and one-half paid into 
the State treasury for the benefit of the game protection fund. 



FISH AND GAME. 231 



§ 24. Said game commissioner, game wardens and deputies shall 
each make an annual report to the Governor, showing the number 
and "kind of game, deer, wild fowl and birds seized, and what dispo- 
sition was made of them, and the amount of the proceeds of sales. 

§ 25. The game commissioner, game wardens and deputy game 
wardens shall not be liable for any damage or costs sustained by any 
person or corporations by reason of the wrongful seizure of game, 
deer, wild fowl or birds, under this act. 

§ 26. For the purpose of increasing the game protection fund and 
preventing unauthorized persons from killing game and birds, no 
person not a resident of the State of Illinois shall at any time hunt, 
pursue or kill with gun. any of the wild animals, fowl or birds that 
are protected during any part of the year without first having pro- 
cured a license so to do. and then only during the respective periods 
of the year when it shall be lawful: said license shall be procured in 
the following manner, to-wit: The applicant shall fill out a blank 
application to be furnished by the Secretary of State, stating name, 
age, occupation and place of residence of applicant, and the county 
in which the applicant desires to hunt, which said application shall 
be subscribed and sworn to by the applicant before any officer au- 
thorized to administer oaths in the State of Illinois, and said appli- 
cant shall pay to the Secretary of State the sum of ten (10) dollars as 
a license fee, together with the sum of 50 cents as a fee of the Sec- 
retary of State for issuing the license, which said license shall bear 
the seal of the State of Illinois, and such licensee is hereby author- 
ized to take from the State twenty-five (25) birds of all kinds killed 
by himself or herself, which shall be carried openly for inspection, 
together with his or her license: and the license fee above xarovided 
for shall be paid to the State Treasurer by the Secretan T of State 
within sixty days after its receipt and shall be placed to the credit of 
a fund to be known as the '"State game protection fund," and shall 
be disbursed by the State Treasurer on warrants signed by the Gov- 
ernor of the State and countersigned by the State Game Commis- 
sioner when such warrants are accompanied by vouchers, signed by 
the Auditor of Public Accounts, showing the liabilities of the State 
incurred in the protection of game, wild fowls and birds. 

Any such license issued as aforesaid shall entitle the person to 
whom issued to hunt, pursue and kill game in the county designated 
in such application and license at any time when it shall be lawful 
to hunt, pursue and kill such game, and no person to whom a license 
has issued shall be entitled to hunt, pursue or kill game in this State 
without at the time of such hunting, pursuit or killing of game, he 
or she shall have such license in his or her name and possession, 
ready to exhibit the same for inspection, and such license shall be 
void after the first day of June next succeeding its issuance. Any 
person found guilty of violating any of the provisions of this section 
shall be deemed guilty of a misdemeanor, and upon conviction 
thereof shall be fined in any sum not less than twenty-five (25) dol- 
lars nor more than two hundred (200) dollars for each and every 



232 FISH AND GAME. 



offense, and shall stand committed to the county jail until such fine 
and costs are paid, but such imprisonment shall not exceed ninety 
days for each one offense; or such person may be proceeded against 
in action of debt in the name of the People of the State of Illinois, 
for the recovery of the penalty herein prescribed. 

§ 27. Any person who shall at .any time alter or change in any 
material manner any license isfeued as aforesaid shall be deemed 
guilty of forgery, and on conviction thereof shall be subject to the 
penalties provided for the commission cf forgery. 

§ 28. All prosecutions for violation of the provisions of this 
act relating to licenses shall be brought by any person in the 
name of the People of the State of Illinois against any person or per- 
sons violating any of the provisions of this act, so far as it relates to 
licenses, before any court of competent jurisdiction, and it is hereby 
made the duty of all State's attorneys to see that the provisions of 
this act are enforced in their respective counties, and shall prosecute 
all offenders on receiving information of the violation of any of the 
provisions of this act; and it is made the duty of all sheriffs, deputy 
sheriffs, constables and police officers to inform against and prose- 
cute all persons whom there is reasonable cause to believe are guilty 
of violating any of the provisions of this act; one-half of the amount 
recovered in any penal action under this act, in so far as it relates to 
licenses, shall be paid to the person filing the complaint in such 
action, and the remaining one-half to the State game protection 
fund; the moneys for such fund shall be, by the magistrate or 
court before whom the case is tried, at once transmitted to the 
State Treasurer, and by him placed to the credit of said fund. 

§ 29. It shall be unlawful for any person or persons to hunt with 
gun, dog or net within or upon the grounds or lands of another with- 
out first obtaining from the owner, agent or occupant of such 
grounds or lands his, her or their permission so to do. 

§ 30. Any person or persons violating section 29 of this act shall 
be deemed guilty of a misdemeanor, and may be prosecuted in the 
name of the People of the State of Illinois, before any justice of the 
peace, or by indictment, or information in any court in the county 
where such misdemeanor was committed; and in all such prosecu- 
tions, the fact being established that the defendant was within or 
upon the grounds or lands of another with gun, dog or net, without 
permission from the owner, -agent or occupant, shall be taken as 
prima facie evidence of guilt: Provided, in all such prosecutions 
the owner or owners or persons in possession of said grounds or 
lands shall not be required to prove title to the grounds or lands in 
controversy. 

§ 31. Any person convicted of violating section 29 of this act shall 
be fined in a sum not less than three dollars and not exceeding one 
hundred dollars. All fines collected by virtue of this act shall be 
paid into the common school fund of the township in which the 
offense is committed. 

§ 32. All acts and parts of acts in conflict herewith are hereby 
repealed. 

Approved April 24, 1899. 



FISH AND GAME. 233 



REGULATING THE CATCHING, SHIPPING AND SALE OF FISH. 



Time for shipping certain fish prohibi- 
ted— packages to be plainly marked — 
shipping fish into State. 



i< 1. When certain fish may not be caught in 
Lake Michigan — prohibits vise of 
gill, pound or fike net within one- 
quarter of a mile of main shore— dip i 
nets. I 3. Penalty for violation. 

An Act to regulate fishing in Lake Michigan, and the shipping of 

fisJi in the State of Illinois. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That it shall be unlawful 
for any person or persons or corporation to take, catch or kill, or at- 
tempt to take, eaten or kill in any manner or by any means whatso- 
ever, in the waters of Lake Michigan, any white fish or lake trout 
between the fourteenth clay of October in each year and the succeed- 
ing- thirtieth day of November. It shall be unlawful for any person 
to set or cause to be set or used in the water of Lake Michigan within 
one-quarter of a miln of the main shore thereof, any gill, pound or 
fike net. No dip-nets shall be used except for catching minnows for 
bait, said dip-nets not to exceed twenty inches in diameter. 

§ 2. All packages containing fish shall be labeled in plain letters 
on the address side of the package, so as to disclose the fact that said 
package contains fish, and the nature of said fish so contained in said 
package. It shall be unlawful for any person to deliver to any com- 
mon carrier for transportation any package or parcel containing fish, 
which said package or parcel shall not be labeled as herein required, 
or to place upon said package or parcel a false statement as to the 
contents thereof. Every person delivering to a common carrier a 
package or parcel containing fish shall place upon said package the 
name and address of the owner or consignor of said package or par- 
cel. It shall be unlawful and is hereby prohibited by any common 
carrier or agent, servant or employe of a common carrier, to receive 
for transportation or transport any package or parcel containing fish 
unless the same shall be labeled as provided in this act. It shall be 
unlawful and is hereby prohibited for any person, firm or corpora- 
tion acting as a common carrier to bring into this State any fish from 
any state during the time that such other state prohibits the trans- 
portation of such fish from said state to a point without the same. 

§ 3. Penalty.] Any person or persons violating any of the pro- 
visions of this act shall be deemed guilty of a misdemeanor, and 
upon conviction shall be fined not less than twenty-five dollars nor 
more than two hundred dollars for each offense. 

Approved April 21, 1899. 



234 FLAGS. 



FLAGS. 

NATIONAL FLAG' FOR ADVERTISING PURPOSES PROHIBITED. 

§ 1. Prohibits use of national flag for ad- [ \ 2. Construction of act. 
vertising purposes. i 

An Act to prohibit the use of the national flag or emblem for any 
commercial purposes or as an advertising medium. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That it shall be unlawful 
for any person, firm, organization or corporation to use or display 
the national flag or emblem, or any drawing, lithograph, engraving, 
daguerreotype, photograph or likeness of the national flag or em- 
blem, as a medium for advertising any goods, wares, merchandise, 
publication, public entertainment of any character or for any other 
purpose intended to promote the interests of such person, firm, cor- 
poration or organization. 

§ 2. Nothing in this act shall be construed as affecting either 
public or private exhibitions of art. or shall in any way restrict the 
use of the national flag or emblem for patriotic purposes. 

§ 3. All prosecutions under the provisions of this act shall be- 
brought by any person in the name of the People of the State of Illi- 
nois, against any person or persons violating any of the provisions 
of this act, before any justice of the peace of the county in which 
such violation is alleged to have taken place, or before any court of 
competent jurisdiction; and it is hereby made the duty of the State's 
attorney to see that the provisions of this act are enforced in their 
respective counties, and they shall prosecute all offenders on receiv- 
ing information of the violation of any of the provisions of this act: 
and it is made the duty of the sheriffs, deputy sheriffs, constables and 
police officers to inform against and prosecute all persons whom there 
is probable cause to believe are guilty of violating the provisions of 
this act; one-half of the amount recovered in any penal action under 
the provisions of this act shall be paid to the person filing the com- 
plaint in such action, and the remaining one-half to the school fund 
of the county in which the said conviction is obtained. 

§ 4. All prosecutions under this act shall be commenced within 
six months from the time such offense was committed, and not after- 
wards. 

§ 5. Any persons violating the provisions of this act shall be 
deemed guilty of a misdemeanor, and upon conviction, shall be pun- 
ished by a fine of not less than $10.00 nor more than $100.00 and 
costs, and in default of payment of said fine and costs imposed shall 
be imprisoned in the county jail at the rate of one day for each dollar 
of fine and costs imposed. 

Approved April 22, 1899. 



INSURANCE. 235' 



INSURANCE. 



BURGLARY AND CASUALTY COMPANIES. 



2 1. Insurance companies on the mutual 
plan against loss from burglary or 
robbery or loss of currency or securi- 
ties shipped by registered mail or 
express, may be incorporated sub- 
ject to conditions governing mutual 
fire, marine and inland navigation 
insurance companies. 

\ 2. Business confined to banks, bankers, 
loan companies and county treasur- 
ers—provides for re-insurance re- 
serve fund. 



Foreign companies — appointment of 
attorneys — filing appointment in 
office of insurance superintendent. 

Companies required to file annual state- 
ment with insurance superintendent 
— renewal certificate — penalty for 
violations. 

Fees— filing fee for annual statement — 
two per cent tax on cash collected as 
premiums from policy holders, which; 
shall be in lieu of all other taxes. 



An Act to incorporate companies to do the business of burglary 
and casualty insurance on the mutual plan, and to control such 
companies of this State and of other states and foreign govern- 
ments doing business in this State. 

Section 1. Be it enacted by the People of the State of Illinois,, 
represented in the General Assembly : That any number of per- 
sons, not less than thirteen, may associate and form an incorporated 
company for the following purposes to-wit: 

To make insurance on the mutual plan against loss or damage re- 
sulting from burglary and robbery, or attempt thereat, and the loss of 
currency and securities in course of transportation when shipped by 
registered mail or express. 

Any and all such insurance companies hereafter organized in this 
State, and all such companies organized under the laws of any other 
state or foreign government, shall be organized and licensed to do 
business in this State in the same manner and under the same con- 
ditions as is now provided by law for the organization and admission 
of mutual fire, marine and inland navigation insurance companies. 

All such companies organized under the laws of this State or 
licensed to do business in this State, shall be governed, regulated 
and controlled in all respects in the same manner as is now provided 
by law for the regulation, government and control of companies doing 
the business of fire, marine and inland navigation insurance on the 
mutual plan. 

§ 2. Any company organized, admitted and licenced to transact 
business in this State under this act shall confine its line of business 
to that stated in the first section of this act, and shall confine its 
business in this State to banks, bankers, loan companies and county 
treasurers, and shall not issue any policy or policies to any persons, 
firm or corporations in this State other than banks, bankers, loan 
companies and county treasurers. Every such company shall set 
aside a re-insurance reserve of fifty (50) per cent of its cash pre- 
miums. 



.236 INSURANCE. 



§ 3. It shall not be lawful for any insurance company, association 
or partnership incorporated by or organized under the laws of any 
other state of the United States for any of the purposes sxaecified in 
this act, directly or indirectly, to take risks or to transact any business 
of insurance in this State, by any agent or agents in this State until 
it shall first appoint an attorney in this State, who shall be the in- 
surance superintendent, on whom process of law can be served, and 
file in the office of the insurance superintendent a written instru- 
ment, duly signed and sealed, certifying such appointment, and any 
process issued by any court of record in this State, and served upon 
such attorney by the proper officer of the county in which such attor- 
ney may reside or be found, shall be deemed a sufficient service of the 
process upon said company, but service of process upon such com- 
pany may also be made in any other manner provided by law. 

§ 4 The statement and evidences of membership, assets and in- 
vestments, required by said act, shall be renewed from year to year 
in such manner and form as may be required by said Insurance 
Superintendent, with an additional statement of the amount of pre- 
miums received in this State during the preceding year, so long as 
such agency continues, and the said insurance superintendent, on 
being satisfied that the membership, assets, securities and invest- 
ments remain secure, as hereinbefore mentioned, shall furnish a 
renewal of the certificate as aforesaid. Any violation of any of the 
provisions of this act shall subject the party violating the same to a 
penalty of not more than five hundred (500.00) dollars. 

§ 5. All companies organized, authorized, admitted and licensed 
under this act shall pay a filing fee of thirty (30.00) dollars on filing 
their annual statement, and a tax of two (2) per cent on the cash 
collected as premiums during the preceding year, from policy-holders 
residing in Illinois, which shall be in lieu of all other municipal or 
State taxes. 

Approved April 24, 1899. 



INSURANCE. 



237 



CASUALTY COMPANIES. 



21. Corporation may form for purpose of 
issuing insurance as follows: 

1. Accident and benefits for disa- 

bility from disease. 

2. Accident to employe when in- 

sured is liable. 

3. To guarantee against loss from 

credit. 

i. Loss by burglary or theft. 

5. Upon glass against breakage. 

6. L T pon steam boilers, engine, 

etc., against explosion or ac- 
cident and loss or damage to 
life or property resulting 
therefrom. 

7. Against any other risk specified 

in articles subject to insur- 
ance. 

\ 2. Declaration— filing— to contain copy of 
charter— contents of charter. 

I 3. Capital stock— amount— how invested 
— §100,000 of securities deposited with 
insurance superintendent for pro- 
tection of policy holders— withdrawal 
of securities. 

1 i. Articles— examination of by Attorney 

General— certificate filed with insur- 
ance superintendent— open books for 
stock subscription— examination by 
agent of insurance superintendent. 

2 5. Investment of surplus. 

2 6. Enlargement of object of accident 
companies now organized in this 
State— manner. 



2 7. Foreign companies — requirements to- 
do business in this State. 

2 8. Limiting amount of loss in any one 
policy— re-insurance. 

2 9. Corporations not to deal in merchan- 
dise—amount of real estate held — 
real estate acquired through mort- 
gage may be held 5 years. 

2 10. Re-insurance reserve— dividends— pen- 
alty for violation. 

2 11. Increase of capital stock. 

2 12. Annual statement to be filed with in- 
surance superintendent — penalty for 
failure. 

2 13. Insurance superintendent to cancel 
authority of company to do business 
in this State when capital stock is 
impaired — companies to discontinue 
issuing policies — penalty for viola- 
tion—reduction of capital stock- 
stockholders to make good deficiency 
—cancellation of stock— insolvency of 
company— appointment of receiver. 

5 14. Re-insurance by receiver. 

2 15. Agents to procure certificate before 
soliciting business— fee— penalty for 
failure. 

2 16. Excessive fees charged by other states. 

2 17. Fees for filing charters, annual state- 
ments, etc. 

1 18. Publication of annual statements. 

2 19. Repeals all conflicting acts. 



An Act to incorporate and to govern casualty insurance companies- 
and to control sack companies of this Sta.te and of other states do- 

. ing business in the State of Illinois, and providing and fixing the 
punishment for violation of the provisions thereof, and to repeal 
all laws now existing which conflict therewith. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That any number of persons 
not less than thirteen, may, in the manner hereinafter prescribed, 
form a corporation for the purpose of issuing policies for any of the 
following kinds of insurance business: 

First — Insuring an}^ person against bodily injury, disablement or 
death resulting from accident, and providing benefits for disability 
caused by disease. 



238 INSURANCE. 



Second — Insuring against loss or damage resulting from accident 
to, or injury suffered by, an employe or other person for which acci- 
dent or injury the person insured is liable. 

Third — To guarantee or indemnify merchants, traders and all 
others engaged in business and giving credit therein from loss or 
damage by reason of giving or extending credit to their customers. 

Fourth — Against loss by burglary or theft, or both. 

Fifth — Upon glass against breakage. 

Sixth — Upon steam boilers and pipes, engines and machinery con- 
nected therewith or operated thereby; against explosion and accident 
and loss or damage to life or property resulting therefrom and to 
make inspection of and to issue certificates of inspection upon such 
boilers and pipes, engines and machinery; also upon elevators and 
machinery forming a part thereof and to make inspection and to is- 
sue certificates of inspection upon the same. 

Seventh — Against any other casualty or insurance risk specified 
in the article of organization, which may lawfully be the subject of 
insurance and the formation of corporation for insuring against 
which is not otherwise provided for by these statutes. 

§ 2. Such persons shall make, sign, acknowledge and file in the 
office of the insurance superintendent a declaration of their inten- 
tion to form a company under the provisions hereof, which declara- 
tion shall contain a copy of the charter proposed to be adopted by 
them, which charter shall state: 

First — The name of the corporation and the place where the 
principal office for the transacting of business shall be located. 

Second — The amount of capital stock, the number of shares 
"thereof and the amount of each share. 

Third — The designation of the general officers and the number of 
directors or trustees. 

Fourth — The mode and manner of electing directors or trustees, 
filling vacancies in their number and their term of office. 

Fifth — The period for the commencement and termination of their 
fiscal year. 

Sixth — That they associate for the purpose of transacting the 
business of casualty insurance, stating the nature and kind thereof, 
which may include such kinds of business as are specified under 
subdivisions 1 and 2 of section 1 hereof, or under subdivisions 3, 4. 
5, 6 and 7 of section 1 hereof, and that no policy shall embrace more 
kinds of insurance than are specified in one of the subdivisions 
named in section ] of this act. 

Seventh — Such other provisions or articles, not inconsistent with 
law, as they may deem proper to be therein inserted for the interest 
of such corporation or the accomplishment of the purposes thereof; 
and shall thereupon publish a notice of such intention once in each 
week for at least four weeks in a newspaper of general circulation 
(published in the county where such corporation is proposed to be 



INSUEAKCE. 239 



located, and shall file in the office of the insurance superintendent 
proof of such publication by affidavit of the publisher, clerk or fore- 
man of such publisher. The persons so associating for the purpose 
of forming a corporation as aforesaid shall sign and acknowledge the 
articles before a person authorized to take acknowledgments. The 
name of any previously existing corporation, or a name so similar as 
to mislead the public., shall not be adopted unless with the written 
consent of the principal officers of such existing corporation. The 
articles shall so classify the directors that a proportional number of 
them shall hold office for one, two and three years, respectively, and 
thereafter their terms shall be three years. 

§ 3. No such corporation for any of the purposes specified in this 
act shall do business with a capital stock of less than one hundred 
thousand dollars fully paid in in cash, with an additional fifty thou- 
sand dollars fully paid in in cash for every kind of insurance, more 
than one, which it is authorized to do: Provided, that it may not do 
the business named in subdivision two (2) of section 1 hereof on a 
capital of less than two hundred thousand dollars fully paid in in 
cash. Befo: e any such corporation commences business its whole 
■capital must be invested in treasury notes, stocks or bonds of the 
United States, or of this State, or of cities, villages, towns or coun- 
ties herein, or in mortgages being first liens, on real estate in this 
State worth double the amount loaned thereon, exclusive of build- 
ings unless such buildings are kept insured and the policy held by 
such corporation: at least one hundred thousand dollars worth of 
which stocks, bond and mortgages aforesaid, approved by the insur- 
ance superintendent, shall be duly made or assigned to him in trust 
for the purposes hereinafter mentioned. Said insurance superin- 
tendent shall hold such securities for the benefit and protection of 
the policy-holders of the corporation, and so long as any such cor- 
poration continues solvent shall permit it to collect the interest of 
dividends thereon, and from time to time withdraw such securities 
or any part thereof on depositing with the said insurance superin- 
tendent other securities of the kind heretofore named, and of equal 
value with those withdrawn. If such company shall at any time 
cause all of its unexpired policies to be paid or canceled, and all its 
liabilities under such policies thereby be extinguished, then the in- 
surance superintendent, on application of such company under oath 
of its president or secretary, on satisfying himself by an examination 
of its books and its officers, under oath, that all of its policies are so 
paid, canceled or extinguished, shall deliver up to it such securities. 

S 4. The articles of organization, notices and proof of publication 
aforesaid shall be examined by the Attorney General, and if found 
to be in due form, he shall so certify to the insurance superintendent, 
who shall thereupon notify the corporators of his approval of such 
articles, after receipt of which notice they may open books for sub- 
scription to the capital stock of such proposed corporation and keep 
the same open until the whole amount thereof be subscribed, and 
collect the capital and complete the organization of the corporation. 
Before any such corporation shall commence transacting business the 



240 INSURANCE. 



insurance superintendent shall examine or cause an examination of 
it to be made by a disinterested person, especially appointed by him for 
that purpose, and if it shall be found that the proper capital has been 
paid in and is possessed in money or invested as required by law, he 
shall file a certificate in the office of the superintendent, and the cor- 
porators or officers shall also file with him a certificate, under oath, 
that the capital exhibited to such examiner is bona fide the property 
of the corporation, and deposit with the insurance superintendent 
the securities provided for in the preceding section. The insurance 
superintendent shall then deliver to them a certificate of deposit and 
certified copy of declaration, signed by the incorporators, which when 
filed for record in the office of the recorder of deeds in the county in 
which such corporation is to be located, shall be authority to com- 
mence the business of insurance therein defined. 

§ 5. Any corporation organized under these provisions may invest 
any surplus money in excess of its capital stock, in or loan the same 
upon the pledge of stocks or bonds of the United States, or any of 
the states, or of any city or county of this State, or in the stocks or 
bonds or other evidences of indebtedness of any solvent dividend 
paying corporation incorporated under the laws of this State or of 
the United States, except their own stock: Provided, the market 
value of such stock, bonds or other evidences of indebtedness shall 
be at all times, during the continuance of such loan, at least ten per 
cent more than the sum loaned thereon. 

§ 6. Any company or association heretofore incorporated under 
any of the laws of this State for the purpose of furnishing accident 
insurance on the mutual or assessment plan, actually doing business 
at the time of the passage of this act and having surplus assets suffi- 
cient to reinsure all its outstanding risks, after having given notice 
once a week for four weeks of their intention and of the meeting 
hereinafter provided for, in a newspaper published in the county 
where such company is located, may, with the consent of two-thirds 
of the members present at any regular annual meeting or at any spe- 
cial meeting duly called for the purpose or with the consent in writ- 
ing of a majority of the members of such corporation and the 
consent also of three-fourths of the trustees or directors, become a 
joint stock company with authority to transact the classes of business 
named under subdivisions one (1 ) and two (2) of section one (1) of 
this act, by conforming its charier to and otherwise proceeding in 
accordance with this act; and every member of such corporation on 
the day of said annual or special meeting or the date of said written 
consent shall be entitled to priority in subscribing to the capital 
stock of said company for fifteen days after the opening of the books 
of subscription to such capital stock in proportion to the amount of 
such cash premiums paid in by such members on unexpired policies 
in force on the date of such annual or special meeting or the date of 
such written consent, and every corporation so changed shall come 
under the provisions of this act in the same manner as if it had been 
incorporated originally under this act. 



INSURANCE. 241 



§ 7. Any casualty insurance corporation organized under the laws 
of any other state or foreign country may be admitted to transact 
business in this State by filing with the insurance superintendent 
for his approval, the following documents and papers: 

First — An application for license to do business in this State, set- 
ting forth the full name of the corporation, the location of its princi- 
pal office of business, and, separately, the several kinds of business to 
be transacted; said application shall contain the declaration prescribed 
in an act entitled "An act for the better regulation of the business of 
insurance, and for the protection of the citizens of this State in their 
dealing with insurance companies," approved June 4th, 1879, in force 
July 1st, 1879, and otherwise conform to the requirements of said act, 
and such company shall also be subject to all the provisions, require- 
ments and penalties of said act upon such form of blank as the said 
superintendent may prescribe. 

Second — A certificate of deposit from the state official having the 
custody of the securities showing to tha satisfaction of said insurance 
superintendent that the corporation has the amount of funds required 
by this act to be deposited by companies incorporated in this State 
invested in securities deposited with the superintendent of the in- 
surance department, State Treasurer or other proper officer of the 
state in which it is incorporated, if incorporated in the United States, 
and if a foreign corporation, then in some one of the states of the 
United States, that such securities are not pledged or incumbered 
and have a market value of at least one hundred thousand dollars, 
but are held and remain for the benefit and security of the policy- 
holders of such corporation residing in the United States, or in default 
of such certificate of deposit shall deposit with the insurance super- 
intendent, for the benefit and security of its policy-holders the amount 
and kind of securities required to be deposited by companies of this 
State. The stocks and securities so deposited may be exchanged 
from time to time for other securities, to be approved by the insur- 
ance superintendent and so long as the corporation so depositing 
shall continue solvent and comply with the laws of this State, it may 
be permitted by the insurance superintendent to collect the interest 
or dividends on said securities. 

Third — A duly certified copy of its charter and by-laws together 
with a certificate from the insurance superintendent or other proper 
officer of the state wherein incorporated, that the corporation is duly 
organized and licensed to transact the business of casualty insurance 
in such state, stating separately the different kinds of insurance as 
provided in section 1 of this act, together with an appointment of the 
insurance superintendent of this State, and his successors in office 
as attorney upon whom any summons, notice or process of any court 
of this State may be served. 

Fourth— A Complete Statement of the Financial Condition of the 
Corporation.] All such corporations admitted to transact business 
in this State must comply, with the laws governing like corporations 
organized' under the laws of this State, except. that such corporations, 
as are at the date of the passage of this act admitted to transact in 
—16 



242 INSURANCE. 



this State more than four of the kinds of business named in subdi- 
visions of section 1 hereof, may continue such business on a capital 
of not less than two hundred thousand dollars, and all such corpora- 
tions and all persons acting as agents thereof shall be subject to the 
same penalties prescribed by these statutes relating thereto for a vio- 
lation of any of the provisions thereof and to the same methods for 
the enforcement of such penalties. The said company shall apply 
annually to the insurance superintendent for a certificate for each 
of its agents to do business in this State. 

§ 8. No casualty insurance corporation organized under these 
statutes or doing business in this State shall expose itself to any loss 
on any one accident to an amount exceeding ten per cent of its capi- 
tal: Provided, that no such corporation issuing a policy of boiler 
insurance shall expose itself to any loss under any one accident 
thereunder to an amount exceeding twenty-five percent of its capital. 
Each such corporation may effect re-insurance of the whole or any 
part of any risk taken by it in any other authorized corporation of 
like kind and may re-insure the risks taken by any other such cor- 
poration. No portion of any obligation which shall have been re- 
insured in a casualty insurance corporation or upon which it shall 
be otherwise fully protected against loss, shall be included in deter- 
mining the limitation of risk prescribed in this section. 

§ 9. No casualty corporation organized in this State shall deal or 
trade in goods, wares, merchandise or other commodities, or hold or 
convey real estate except so much real and personal estate as shall be 
necessary for the transaction of its business and may sell and dispose 
of the same when deemed necessary. All real estate acquired through 
the collection of debts shall not be held longer than five years unless 
the corporation shall procure a certificate from the insurance super- 
intendent that its interests will suffer materially by the forced sale 
thereof, in which event the sale may be postponed for such period as 
the superintendent shall direct in said certificate. 

§ 10. Any company organized under the provisions of this act 
shall form a re-insurance reserve equal to the unearned premium on 
all outstanding risks and policies. The directors of any such corpora- 
tion shall not make any dividend, except from the surplus profits 
arising from their business, nor divide, withdraw or in any way pay to 
the stockholders or any of them any part of its capital, or reduce the 
net surplus of the corporation to an amount less than ten per cent of 
its capital stock, except as authorized by law. For a violation of any 
of the provisions of this section the directors under whose adminis- 
tration the same happened (except those who have caused dissent 
therefrom to be entered at large upon the minutes of such directors' 
meetings at the time or were not present when the action was taken) 
shall jointly and severally be liable to the corporation and its credi- 
tors to the full amount of the capital of the corporation so divided, 
withdrawn, paid out or reduced. In estimating such profits there 
shall be reserved therefrom a sum equal to the whole amount of un- 
earned premiums on unexpired risks and policies, all sums due the 
corporation on bonds, mortgages, stocks and book accounts of which 



INSURANCE. 243 



no part of the principal or the interest thereon has been paid during 
the last year and for the collection of which no action or proceeding 
has been commenced, or which after judgment obtained thereon, shall 
remain more than two years unsatisfied and on which interest shall 
not have been paid; all interest due and remaining unpaid and all 
deposits for the special protection of policy-holders of other states or 
of foreign countries. Any such corporation may declare dividends in 
any year if, in addition to the amount of capital stock plus ten per cent 
thereof and of such dividends and all its outstanding liabilities, it 
shall have accumulated and be in possession of a lawful fund equal 
to the amount of all unearned premiums on risks not terminated at 
the time of making such dividend. Each stockholder receiving any 
dividend made contrary to these provisions shall be liable to the 
creditors of the corporation to the extent of the dividend received in 
addition to any other penalties and punishments prescribed by law. 

§ 11. Any domestic casualty insurance corporation, whenever it 
shall have accumulated and be in possession of a fund, in addition 
to the amount of its capital stock and all actual outstanding liabili- 
ties, including re-insurance reserve on risks not terminated, may, on 
amending its charter as hereinafter prescribed, increase its capital 
stock from such fund and distribute the increase prorata to its stock- 
holders: Provided, that such increase shall be equal to at least 
twenty-five per cent of the original capital stock and shall have been 
authorized by at least three-fourths of the directors and approved by 
the insurance superintendent. It may at any time increase its 
capital stock (after notice of such intention given once a week for 
four weeks in any newspaper published in the county where such 
corporation is located) with the written consent of three-fourths 
in amount of its stockholders, unlsss otherwise provided in its charter, 
by altering or amending the same in this respect and filing a copy 
thereof, so amended, together with a declaration under its corporate 
seal, signed by its president and directors, of its desire so to do, with 
such written consent of its stockholders to such increase, in the 
office of the insurance superintendent, whereupon the same pro- 
ceedings shall be had as are required upon the organization of such 
corporation. 

§ 12. Every company organized or doing business under this act 
shall, on or before the first day of March each year, transmit to the 
insurance superintendent, and file in his office a statement of its 
business standing and affairs in such form as shall be prescribed by 
the superintendent, adapted to the business done by such company, 
signed and sworn to by the president or vice-president and secretary, 
and made out for the year ending on the preceding thirty-first day 
of December; and the superintendent is hereby authorized and em- 
powered to address any inquiries to such company in relation to its 
condition or doings, and it shall be the duty of such company so 
addressed to reply promptly, in writing, and any company not incor- 
porated under the laws of this State, failing to answer such inquiries, 
shall not be authorized to transact busines in this State, and their 
certificate of authority may be revoked and canceled. 



244 INSURANCE. 



It shall be the duty of the superintendent to make, or cause to be 
made, an examination of the condition of any company incorporated 
under this act whenever he shall deem it expedient to do so, and the 
said superintendent, upon being satisfied that the capital, securities 
and investments remain secure as herein provided, may renew the 
authority of said company to transact business in this State. 

§ 13. Whenever it shall appear to the insurance superintendent 
from any statement made to him, or from an examination made by 
him or by any examiner appointed by him, that the capital stock of 
any corporation doing business under this act is impaired to an 
amount exceeding twenty per cent thereof, it shall be his duty to 
cancel the authority of such corporation to transact business in this 
State, and he shall give notice to such corporation to discontinue 
issuing new policies in this State until such capital stock has 
been made good. Any officer or agent who issues a new policy on 
behalf of such corporation after such notice, shall for each offense 
forfeit a sum not exceeding one thousand dollars. If such corpora- 
tion is incorporated under this act, and he shall be of the opinion 
that the interest of the public will not be prejudiced by permitting 
such corporation to continue business with reduced capital, such 
corporation may, with his permission, reduce its capital stock and the 
par value of the shares thereof to such an amount as he shall certify 
to to be in his opinion justified by the assets of such coporation; but 
no part of such assets shall be distributed to the stockholders, nor 
shall such capital stock be reduced to an amount less than the sum 
required by law for the organization of a new corporation for the 
transaction of the same kind of business as the corporation is en- 
gaged in. Such a reduction of the capital shall only be made upon 
a vote of the majority of the stock represented at a meeting legally 
called for that purpose. If, in the opinion of the insurance super- 
intendent, such reduction will not be to the interest of the policy 
holders, or in event of the refusal of the stockholders to consent 
thereto, he shall determine the amount of the impairment or defi- 
ciency, and issue a written requisition to the corporation requiring its 
stockholders to make good the amount of impairment or deficiency 
within such period as he may designate, not less than thirty nor more 
than ninety days from the service of the requisition. Upon receipt 
of such requisition, the directors shall forthwith call upon the stock- 
holders ratably for such amounts as will make up such impairment or 
deficiency. If any stockholder refuses or neglects to pay the amount 
called for after notice, given personally or by advertisement, in such 
time as will comply with the order of said superintendent, the 
directors may by resolution, declare the stock of such person 
canceled;, but such failure to pay shall not release the stockholder 
from any liability to the corporation. The directors may issue new 
certificates of stock in lieu of the stock so forfeited, and dispose of 
the same at not less than par. For any losses accruing upon new 
risks taken after the- expiration of the period limited by the insur- 
ance superintendent in' any such order, and before such impairment 
shall be made up', thei 'directors shall be jointly and severally liable 



INSURANCE. 245 



to the extent thereof; and any transfer of stock made during the 
pendency of such examination or after any such order shall have 
been made, and before any impairment or deficiency specified therein 
shall be made good, shall not release the person making the transfer 
from his liability for loss accruing previous thereto. If the amount 
of such impairment or deficiency shall not be made good within the 
time specified in such order, the corporation shall be deemed in- 
solvent, and it shall be the duty of the insurance superintendent to 
apply to any circuit court in this State for the appointment of a 
receiver, and the forfeiture of its franchise. 

§ 14. The receiver of any casualty insurance corporation, when 
authorized by the court so to do, may reinsure all its policy risks in 
any solvent corporation authorized to do a similar business in this 
State, if the assets of the corporation of which he is receiver are 
sufficient to effect such re-insurance; if such assets are insufficient 
the receiver, upon the iike consent, may re-insure a percentage of 
each such risk of such corporation outstanding to the extent of its 
assets available for that purpose. 

§ 15. No person, company or corporation shall act as agent for 
the purpose of soliciting risks or making insurance for any casualty 
insurance company incorporated under the laws of any other state or 
foreign country, directly or indirectly taking risks or transacting the 
business named in this act, in this State, without first procuring from 
the insurance superintendent a certificate of authority stating that 
such company has complied with all the laws of this State relating 
to such company, which certificate shall continue in force until the 
first day in March next after its issue unless revoked for cause. A 
fee of two dollars shall be paid to the superintendent for each such 
certificate. Any company, association, individual or individuals 
making insurance in violation of this act, or any person acting as 
agent or who shall solicit any insurance for such company, 
association, individual or individuals shall forfeit for each offense a 
sum not exceeding one thousand dollars. 

§ 16. Whenever the existing or future laws of any other state of 
the United States shall require of companies transacting the business 
named in this act, incorporated by or organized under the laws of 
this State, and having agencies in such other state, or of the agents 
thereof, any deposit of securities in such state for the protection of 
policy-holders or otherwise, or any payment of taxes, fines, penalties, 
certificates of authority, license fee or otherwise, greater than the 
amount required for such purposes from similar companies of other 
states, by the then existing laws of this State, then, and in every such 
case, all companies of such states doing such business as is named here- 
in, establishing or having heretofore established an agency or agencies 
in this State, shall be, and are hereby, required to make the same de- 
posit for a like purpose with . the insurance superintendent of this 
State, and to pay to the insurance superintendent fines, penalties, cer- 
tificates of authority, license fees or any other obligation, an amount 



246 INSURANCE. 



equal to the amount of such charges and payments imposed by the 
laws of such other states upon the companies of this State and the 
agents thereof. 

§ 17. For filing certified copies of charter as required by this act 
the insurance superintendent shall be paid thirty dollars; for filing 
the annual statement, ten dollars; for each agent's certificate of 
authority, two dollars; for every copy of a paper filed in the superin- 
tendent's office, twenty cents per folio; and for affixing the seal of 
said office to such copy, certifying the same, one dollar; for the 
examination required by section 4 and for the examination of the 
affairs of any company when deemed necessary the expense incurred 
therein shall be paid to the said superintendent by the company. 

§ 18. Every such company shall publish its annual statements 
under the same rules and regulations and in the same manner now 
required of fire insurance companies. 

§ 19. All act and parts of acts in conflict with this act are hereby 
repealed. 

Approved April 21, 1899. 



FIRE INSURANCE. 

EXAMINATIONS BY INSURANCE SUPERINTENDENT. 

II. Amends sections 10, 22 and 23 of the Act of 1869: 

§ 10. Examination by Superintendent of Insurance— examiner's certificate filed in 
office of Superintendent of Insurance— certified copy of charter and certifi- 
cates when filed with county clerk shall be evidence of organization. 

I 22. Requirements of foreign companies doing business in this State— any foreign 
company ceasing to do business in this State to appoint agent— file certified 
copy of charter or deed of settlement and statement— contents of statement- 
deposit required by companies organized under any foreign government — 
exchange of securities — fees — for examining abstracts and appraisal of prop- 
erty—agents to procure certificate of authority— annual statements — penalty 
for violations. 

I 23. Investigation by Superintendent of Insurance or his agent— puDlication of re- 
sult—dissolution of insolvent companies— assessing stockholders— liability of 
directors— insufficiency of assets of mutual companies— liability of trustees 
or directors — transfer of stock during examination no release from liability — 
revoking certificates— publication of notice — copy mailed to agents. 

A^ Act to amend sections numbered ten, twenty-two and twenty-three 
of an act entitled, "An act to incorporate and to govern fire, marine 
and inland navigation insurance companies doing business in the 
State of Illinois," approved March 11, 1869, in force July 1, 1869, 
as amended by an act approved June 6, 1889, and in force July 
1, 1889. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections numbered ten, 
twenty-two and twenty-three of an act entitled, "An aet to incorporate 
and govern fire, marine and inland navigation insurance companies 
doing business in the State of Illinois," approved March 17th, 1869, 



INSUEANCL. 247 



and in force July 1st, 1869, as amended by an act approved June 6th, 
1889, and in force July 1st, 1889, be, and they are hereby, amended to 
read as follows: 

§ 10. The charter and proof of publication herein required to be 
filed by every such company shall be examined by the superintendent 
of insurance, aud if found conformable to this act, and not incon- 
sistent with the constitution or laws of this State, shall be certified 
to by him, and he shall thereupon cause an examination to be made, 
either by himself or by three disinterested persons, especially appointed 
by him for that purpose, who shall certify under oath, that the capi- 
tal herein required of the company named in the charter, according 
to the nature of the business proposed to be transacted by such 
company, has been paid in and is possessed by it in money, or in 
such stocks and bonds and mortgages as are required by the eighth 
section of this act, or if a mutual company, that it has received and 
is in actual possession of the capital, premiums or bona fide engage- 
ments of insurance or other securities, as the case may be, to the full 
extent of the value required by the sixth section of this act; and the 
name and residence of the maker of each premium note or subscrip- 
tion forming part of the capital, and the amount of such note or 
subscription shall be returned to the said insurance superintendent; 
and the corporators and officers of such company shall be required to 
certify under oath, that the capital exhibited to tliose persons is 
bona fide property of the company. Such certificate shall be filed in 
the office of the said insurance superintendent, who shall thereupon 
deliver to such company a certified copy of the charter and of said 
certificates, which, on being filed in the office of the clerk of the 
county where the company is to be located, shall be their authority 
to commence business and issue policies; and such certified copy of 
the charter and of said certificates may be used in evidence for or 
against such company with the same effect with the originals, and 
shall be conclusive evidence of the fact of the organization of such 
company. 

§ 22. It shall not be lawful for any insurance company, associa- 
tion or partnership incorporated by or organized under the laws of 
any other state of the United States, or any foreign government, for 
any of the purposes specified in this act, directly or indirectly, to 
take risks or to transact any business of insurance in this State unless 
possessed of the amount of actual capital required of similar com- 
panies formed under the provisions of this act; nor shall it be lawful 
for any mutual insurance company of any other state to transact any 
kind of business within this State other than that prescribed by sec- 
tion 13 of this act, unless said company is possessed of an amount of 
cash assets over and above all liabilities, including re-insurance reserve 
equal to the amount of capital stock required of stock companies; 
and any such company desiring to transact any such business as 
aforesaid by any agent or agents in this State, shall first appoint an 
attorney in this State on whom process of law can be served, and file 
in the office of the insurance superintendent a written instrument 
duly signed and sealed, certifying such appointment, which shall con- 



248 INSURANCE. 



tinue until another attorney be substituted, and in case of death or 
removal of said attorney so designated by said company, service of 
any process from any court in this State on the superintendent of 
insurance during such vacancy shall be sufficient until said company 
shall appoint another attorney, as required by this act; and any pro- 
cess issued by any court of record in this State and served upon such 
attorney by the proper officer of the county in which such attorney 
may reside, or may be found, shall be deemed a sufficient service of 
process upon such company, but service of process upon such com- 
pany may also be made in any other manner provided by law. 

In case any insurance company not incorporated in this State shall 
cease to transact business in the State according to the laws thereof, 
the agents last designated or acting as such for such corporation, 
shall be deemed to continue agents for such corporation for the pur- 
pose of serving process for commencing action upon any policy or 
liability issued or contracted while such corporation transacted busi- 
ness in this State, and service of such process for the cause aforesaid 
upon any such agent, shall be deemed a valid personal service upon 
such corporation. 

And every such company, association or partnership shall also file 
a certified copy of their charter or deed of settlement, together with 
a statement, under the oath of the president or vice-president or other 
chief officer and secretary of the company for which he or they may 
act, stating the name of the company and place where located, the 
amount of its capital, with a detailed statement of its assets, showing 
the amount of cash on hand, in bank or in the hands of agents, the 
amount of real estate and how the same is incumbered by mortgage, 
the number of shares of stock of every kind owned by the company, 
the par and market value of the same, amount loaned on bond and 
mortgage, the amount loaned on other security, stating the kind 
and the a nount loaned on each, and the estimated value of the whole 
amount of such securities; any other assets or property of the com- 
pany, also stating the indebtedness of the company, the amount of 
losses adj ljted and unpaid, the amount incurred and in process of 
adjustment, the amount resisted by the company as illegal and fraud- 
ulent, and all other claims existing against the company; also a copy 
of the last annual report, if any, made under any law of the state by 
which said company was incorporated, and no agent shall be allowed 
to transact business for any such company whose capital (or if a 
mutual company whose reinsurance reserve as required in section 13 
of this act) is impaired to the extent of twenty per cent thereof, 
which such deficiency shall continue. 

And any company incorporated by or organized under any foreign 
government shall, in addition to the foregoing, deposit with the 
insurance superintendent for the benefit and security of policy- 
holders residing in the United States, a sum not less than two 
hundred thousand dollars ($200,000), in stocks of the United States, 
or of the State of Illinois, in all cases to be equal to a stock pro- 
ducing six per cent per annum — said stocks not to be received by said 
insurance superintendent at a rate above their par value, or above 



INSURANCE. 249 



their current market value — or in bonds and mortgages on improved 
unincumbered real estate in the State of Illinois, worth fifty per cent 
more than the amount loaned thereon. 

The stocks and securities so deposited may be exchanged from 
time to time for other securities as aforesaid. 

And so long as the company so depositing shall continue solvent, 
and comply with the laws of this State, such company or association 
may be permitted by the said insurance superintendent to collect the 
interest or dividends on said deposits; and where a deposit is made 
of bonds and mortgages, accompanied by full abstracts of title and 
searches, the fees for an examination of title by counsel, to be paid 
by the party making the deposit, shall not exceed twenty dollars for 
each mortgage, and the fee for an appraisal of property shall be five 
dollars to each appraiser, not exceeding two, besides expenses for 
mortgage. 

Nor shall it be lawful for any agent or agents to act for any com- 
pany or companies referred to in this section, directly or indirectly, 
in taking risks or transacting the business of fire and inland naviga- 
tion insurance in this State, without procuring annually from the in- 
surance superintendent, a certificate of authority, stating that such 
company has complied with all the requisitions of this act which 
apply to such companies, and the name of the attorney appointed to 
act for the company. 

The statement and evidences of investments required by this sec- 
tion shall be renewed from year to year, in such manner and form as 
may be' required by said insurance superintendent, with an additional 
statement of the amount of premiums received and losses incurred 
in the State during the preceding year, so long as such agency con- 
tinues, and said insurance superintendent, on being satisfied that the 
capital, securities and investments remain secure, as hereinbefore 
provided, shall furnish a renewal of the certificate as aforesaid. 

Any violation of any of the provisions of this act shall subject 
the party violating the same to a penalty not exceeding five hundred 
dollars for each violation, and of the additional sum of one hundred 
dollars for each month during which any such agent shall neglect to 
file such affidavits and statements as are herein required. 

Every agent of any insurance company shall, in all advertisements 
of such agency, publish the location of the company, giving the 
name of the city, town or village in which the company is located, 
and the State or government under the laws of which it is organized. 
The term "agent" or "agents" used in this section shall include an 
acknowledged agent, surveyor, broker or any other person or persons 
who shall in any manner aid in transacting the insurance business of 
any insurance company not incorporated by the laws of this State. 

The provisions of this section shall apply to all foreign companies, 
partnerships, associations and individuals, whether incorporated or 
not. All insurance companies, associations or partnerships, in- 
corporated by or organized under the laws of any other state of the 
United States, or any foreign government, transacting the business of 



250 INSURANCE. 



fire or marine insurance, or any other kiiid of insurance in this State, 
shall make annual statements of their condition and affairs to the in- 
surance superintendent's office, in the same manner and in the same 
form as similar companies organized under the laws of this State. 

In case of neglect or refusal to make such annual statement as 
aforesaid, all persons acting in this State as agents or otherwise in 
transacting the business of insurance for said companies, corpora- 
tions, associations, partnerships or individuals, shall be subject to the 
same penalties provided by law in case of the failure of any insur- 
ance company organized under the laws of this State to make an 
annual statement as provided in this act. 

Foreign insurance companies shall be required to make and file 
their annual statements and evidences on the first day of January in 
each year, or within thirty days thereafter, made out for the year 
ending on the preceding 30th of September. The supplementary 
annual statements of their business and affairs in the United States, 
duly verified by the resident manager of such company, shall be filed 
in the month of January of each year, made out for the year ending 
the 31st day of December immediately preceding. 

§ 23. It shall be the duty of the insurance superintendent, when- 
ever he shall deem it expedient so to do, in person, or by one or more 
persons to be appointed by him for that purpose, not officers or 
agents of, or in any manner interested in, any insurance company do- 
ing business in this State, except as policy-holders, to examine into 
the affairs of any insurance company incorporated in this State, or 
doing business by its agents in this State ; and it shall be the duty 
of the officers or the agents of any such company doing business in 
this State, to cause their books to be opened for inspection of the 
insurance superintendent, or the person or persons so appointed, and 
otherwise to facilitate such examinations, so far as it may be in their 
power to do, and to pay all reasonable expenses incurred therein, and 
for that purpose the said insurance superintendent, or person or per- 
sons so appointed by him, shall have the power to examine, under oath, 
the officers and agents of any company relative to the business of 
said company; and whenever the said insurance superintendent shall 
deem it for the best interest of the public so to do, he shall publish 
the result of said investigation in one or more papers in this State. 

And whenever it shall appear to the said insurance superintendent 
from such examination, that the assets of any company incorporated 
in this State are insufficient to justify the continuance in business of 
any such company, he may direct the officers thereof to require the 
stockholders (or if a mutual company the members thereof) to pay 
in the amount of such deficiency within such j)eriods as he may 
designate in such requisition; or he may apply to the circuit court of 
the county in which the principal office of said company shall be 
located for an order requiring them to show cause why the business 
of such company shall not be closed, and the court shall thereupon 
proceed to hear the allegations and proofs of the respective parties; 
and in case it shall appear to the satisfaction of said court that the 



INSURANCE. 251 



assets and funds of said company are not sufficient as aforesaid, or 
that the interests of the public so require, the said court shall decree 
a dissolution of said company and a distribution of its effects. The 
said circuit court shall have power to refer said application to a master 
in chancery to inquire into and report upon the facts stated therein. 
Any company receiving the aforesaid requisition from the said in- 
surance superintendent shall forthwith call upon its stockholders for 
such amounts as will make its capital equal to the amounts fixed by 
the charter of said company; and in case any stockholder of such 
company shall refuse or neglect to pay the amount so called for, after 
notice personally given, or by advertisement, in such time and manner 
as the said insurance superintendent shall approve, it shall be lawful 
for the said company to require the return of the original certificate 
of stock held by such stockholder, and, in lieu thereof, to issue new 
certificates for such number of shares as the said stockholder may be 
entitled to, in the proportion that the ascertained value of the funds 
of the said company may be found to bear to the original capital of 
the said company — the value of such shares for which new certificates 
shall be issued, to be ascertained under the direction of the said in- 
surance superintendent and the company paying for the fractional 
parts of shares ; and it shall be lawful for the directors of such com- 
pany to create new stock and dispose of the same, and to issue new 
certificates therefor, to an amount sufficient to make up the original 
capital of the company. 

And it is hereby declared that, in the event of any additional 
losses accruing upon new risks taken after the expiration of the 
period limited by the said insurance superintendent in the aforesaid 
requisition for the filling up of the deficiency in the capital of such 
company, and before said deficiency shall be made up, the directors 
shall be individually liable to the extent thereof. 

And if, upon examination, it shall appear to the said insurance 
superintendent that the assets of any company chartered on the plan 
of mutual insurance under this act are insufficient to justify the con- 
tinuance of such company in business, it shall be his duty to pro- 
ceed in relation to such company in the same manner as is herein re- 
quired in regard to joint stock companies, and the trustees or di- 
rectors of such company are hereby made personally liable for any 
losses which may be sustained upon risks taken after the expiration 
of the period limited by said insurance superintendent for filling up 
the deficiency in the capital, and before such deficiency shall have 
been made up. 

Any transfer of the stock of any company organized under this 
act, made during the pending of any such investigation, shall not release 
the party making the transfer from his liability for losses which may 
have accrued previous to the transfer. 

And whenever it shall appear to the said insurance superintendent 
from the report of the person or persons appointed by him, that the 
affairs of any company not incorporated by the laws of this State 
are in an unsound condition, he shall revoke the certificates granted 



252 INSURANCE. 



in behalf of such company, and shall cause a notification thereof to 
be published in a newspaper of general circulation published in the 
city of Springfield, and mail a copy thereof to each agent of the com- 
pany; and the agent or agents of such company, after such notice, 
shall be required to discontinue the issuing of any new policy and 
the renewal of any previously issued. 

Approved April 24, 1899. 



FIRE INSURANCE. 

JOINT STOCK AND MUTUAL COMPANIES. 

I 1. Amends section 17 of the Act of 1869: 

§ 17. Authorizes extension of charter of joint stock or mutual fire insurance com- 
panies—requirements—mutual companies desiring to change to joint stock 
companies — requirements — subscriptions to stock— members entitled to 
priority in subscribing to stock— no company to reorganize or extend charter 
unless doing business at the time of passage of this act. 

An Act to amend Section seventeen (17) of '"An act to incorporate 
and to govern fire, marine and inland navigation insurance com- 
panies doing business in the State of Illinois," approved March 
11, 1869, in force July 1, 1869, and amended by an act in force 
July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section seventeen (17) 
of an act entitled "An act to incorporate and to govern fire, marine 
and inland navigation insurance companies doing business in the 
State of Illinois," approved March 11, 1869, in force July 1, 1869, 
and amended by an act in force July 1, 1877, be, and the same is 
hereby, amended so as to read as follows: 

§ 17. Any. existing joint-stock or mutual fire insurance company 
heretofore incorporated under the laws of this State, and any com- 
pany organized under this act, having a capital of at least $100,000 
may, without increasing its capital, at any time within six years 
previous to the termination of its charter, after giving notice at least 
once a week for four weeks, successively, in a newspaper published 
in the county where such company is located, of such intention and 
with a declaration under its corporate seal, signed by the president 
and two-thirds of its directors of their desire for such extension, ex- 
tend the term of its original charter to the time specified in the 
twenty-fifth section of this act, by altering and amending the same 
so as to accord with the provisions of this act, and filing a copy of 
such amended charter with the declaration aforesaid in the office of 
the Auditor of Public Accounts, whereupon the same proceedings 
shall be had as are required in the tenth section of this act. And 
any mutual insurance company, heretofore incorporated or organized 
under any of the laws of this State, having surplus assets, aside from 
premiums and stock notes sufficient to re-insure all its outstanding 
risks, after having given notice, once a week for four weeks, of their 



'INSURANCE. 253 



intention and of the meeting hereinafter provided for, in a news- 
paper published in the county where such company is located, may, 
with the consent of two-thirds of the corporators or members present 
at any regular annual meeting, or at any special meeting duly called 
for the purpose, or with the consent in writing of two-thirds of the 
corporators or members of such company, and the consent also, of 
three-fourths of the trustees or directors, unless otherwise provided 
in the charter, become a joint-stock company, by conforming its 
charter to, and otherwise proceeding in accordance with this act; 
and every member of such company on the day of said annual or 
special meeting, or the day of such written consent, shall be entitled 
to priority in subscribing to the capital stock of said company, for 
one month after the opening of the books of subscription to such 
capital stock, in proportion to the amount of cash premiums paid in 
by such members on unexpired risks in force on the day of said an- 
nual or special meeting, or the date of said written consent; and 
every company so extended or changed shall come under the pro- 
visions of this act in the same manner as if it had been incorporated 
originally under this act: Provided, that no mutual fire insurance 
company shall be entitled to reorganize under this law, or to have its 
organization renewed or extended unless it shall actually be doing 
business at the time of the passage of this act. 

Approved April 24, 1899. 



FIRE INSURANCE. 

LIMITING AUTHORITY TO RE-INSURE OR ASSUME RE-INSURANCE. 



i i. Annual statement of re-insurance filed 
with insurance superintendent. 

I 5. Penalty for violation of this act. 

I 6. Re-licensing companies— time. 

I 7. Repeals conflicting 1 acts. 



1 1. No company to re-insure, dispose of or 
reduce risk in or with any company 
not authorized to do business in this 
State. 

i 2. No company to re-insure for any com- 
pany not authorized to do business 
in this State. 

I 3. No company to re-insure any risk not 
assumed in accordance with laws of 
this State. 

An Act limiting the authority of fire insurance companies to rein- 
sure or assume reinsurance on any risk or liability covering prop- 
erty located in whole or in part in this State. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That no fire insurance com- 
pany authorized to do business in this State shall reinsure, dispose 
of by treaty, cede, pool, divide, or in any manner or form whatsoever 
reduce any portion of its risk or liability, covering property located 
in whole or in part in this State, in or with any company, association, 
person or persons whether incorporated or otherwise not authorized 
by law to do the business of fire insurance in this State. 



254 INSURANCE. 



§ 2. No fire insurance company authorized to do business in this 
State shall reinsure, or assume as a reinsuring company, or other- 
wise, in any manner or form whatsoever, the whole or any part of any 
risk or liability, covering property located in whole or in part in this 
State, of or for any insurance company, association, person or per- 
sons, whether incorporated or not, not authorized by law to do fire 
insurance business in this State. 

§ 3. No fire insurance company authorized to do business in this 
State shall reinsure or assume as a reinsuring company, or otherwise 
in any manner or form whatsoever, the whole or any part of any risk 
or liability, covering property located in whole or in part in this 
State, of any insurance company, association, person or persons 
whether incorporated or not unless the risk or liability reinsured 
shall have been assumed in full accord with the provisions of the 
statutes of this State. 

§ 4. It shall be the duty of the insurance superintendent of this 
State annually, and at such other times as he may see fit, to require 
the president and treasurer or other chief officer of each company or 
association at its home office; also the general agent, manager, resi- 
dent secretary or other officer, officers, agent or underwriter having 
jurisdiction over the State of Illinois or any part thereof, to file a 
statement under oath, showing the names of each fire insurance com- 
pany, association or underwriter, with whom or for whom any liability 
for insurance on property located in whole or in part in this State 
has been reinsured, disposed of by treaty, ceded, pooled, divided or 
in any manner or form whatsoever reduced or increased. 

§ 5. Whenever the insurance superintendent shall have proof 
that any fire insurance company, association, underwriter, person or 
persons, whether incorporated or not, has violated any of the provis- 
ions of this act, it shall be his duty to revoke the license of such 
company, association, underwriter, person or persons, whether incor- 
porated or not. 

§ 6. The insurance superintendent shall not re-license for a 
period of fifteen months any fire insurance company, association, 
underwriter, person or persons, whether incorporated or not, whose 
license has been revoked, and then not until the affairs of the said 
party or corporation have been investigated by the insurance super- 
intendent, and positive proof found that the said party or corporation 
has not since the date of revocation of said license violated any of 
the provisions of the statutes of this State. 

§ 7. All acts and parts of acts, whether general or special, incon- 
sistent with the provisions of this act are hereby repealed. 

Approved April 24, 1899. 



INSURANCE. 255 



FRATERNAL BENEFICIARY SOCIETIES, 
"f 1. Amends section 1 of the Act of 1893: 

I 1. Fraternal beneficiary societies defined— reserve fund— payment of benefit funds 
—provisions. 

An Act to amend Section 1 of an act entitled "An act to provide for 
the organization and management of fraternal beneficiary societies 
for the purpose of furnishing life indemnity or pecuniary benefits 
to beneficiaries of deceased members, or accident or permanent 
indemnity disability to members thereof and to control such socie- 
ties of this State and other states doing business in this State and 
providing and fixing the punishment for violation of the provis- 
ions thereof and to repeal all laws now existing which conflict 
therewith,^ approved and in force June 22, 1893, as amended by 
an act approved June 21, 1895, in force July 1, 1895. 

Be it enacted by the People of the State of Illinois, represented in 
the General Assembly : That section 1 of an act entitled "An act 
to provide for the organization and management of fraternal benefi- 
ciary societies for the purpose of furnishing life indemnity or pecu- 
niary benefits to beneficiaries of deceased members or accident or 
permanent indemnity disability to members thereof and to control 
such societies of this State and other states doing business in this 
State and providing and fixing the punishment for violation of the 
provisions thereof and to repeal all laws now existing which conflict 
therewith," approved and in force June 22, 1893, as amended by act 
approved June 21, 1895, and in force July 1, 1895, be, and the same 
is hereby, amended to read as follows: 

Section 1. A fraternal beneficiary society is hereby declared to 
be a corporation, society or association formed, organized or carried 
on for the sole benefit of its members and their beneficiaries, and not 
for profit. Each such society shall have a lodge system, with ritual- 
istic form of work and representative form of government, and may 
make provisions for the payment of benefits in case of disability and 
death, or of either, resulting from either disease, accident or old age 
of its members. Any such society, order or association may create, 
maintain and disburse a reserve fund in accordance with its consti- 
tution and by-laws. Such reserve fund, if any, shall represent cer- 
tain prescribed- accumulations or percentage retained for the benefit 
of its members or their beneficiaries, and no part thereof shall be 
used for expenses nor for any purpose except the payment of 
death and disability claims. The payment of such benefits in all 
cases being subject to compliance by the member with the contract, 
rules and laws of the society: Provided, the period in life at which 
payment of physical disability benefits on account of age may com- 
mence shall not be under seventy (70) years. The fund from which 
the payment of such benefits shall be made, and the fund from which 
the expenses of such society shall be defrayed shall be derived from 
assessments or dues collected from its members. Payment of death 
benefits shall only be made to the families, heirs, blood relations, 
affianced husband or affianced wife of, or to persons dependent upon 



2B6 INSURANCE. 



the member: Provided, that a member having no wife or children 
living, may, with the consent of the society, make a charitable insti- 
tution his beneficiary: Provided, however, that societies formed to 
include only the membership of any religious denomination may be 
j)ermitted to provide that benefits under their certificates of member- 
ship may be paid to charitable or religious institutions. The mem- 
bers of any religious denomination may incorporate under this act, 
and shall only be required to have a lodge or branch system and a 
representative form of government. Membership in such corpora- 
tion shall be confined to the members of such religious organization. 
Commercial travelers shall also be allowed to incorporate under the 
provisions of this act, but membership of such incorporation shall be 
confined to those actively engaged as commercial travelers. Such 
commercial travelers' incorporation shall have a lodge or branch sys- 
tem and representative form of government. All such societies shall 
be governed by this act and shall be exempt from the provisions of 
all insurance laws of this State, and no law hereafter passed shall 
apply to them unless they be expressly designated therein: Pro- 
vided, that this act shall not be construed to prevent any society 
having a supreme lodge with separate jurisdictions which by their 
law provide for a general relief or reserve fund, from making assess- 
ments to pay its pro rata share of such relief or reserve fund or 
from receiving their pro rata of any such fund. 

Approved April 24, 1899. 



INSURANCE DEPARTMENT. 
I 1. Amends sections 3 and 10 of the Act of 1893: 

I 3. All powers heretofore granted the Auditor of Public Accounts and the Attorney 
General vested in the Superintendent of Insurance — relieves Auditor and 
Attorney General from all duties heretofore imposed upon them relating to 
insurance. 

1 10. Repeal. 

An Act to amend Sections 3 and 10 of an act entitled "An act to 
provide for the establishment of an Insurance Department and the 
appointment of an Insurance Superintendent," approved June 20, 
1893, in force July 1, 1893, and to add a section thereto. 

Section. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections 3 and 10 of 
an act entitled "An act to provide for the establishment of an insur- 
ance department and the appointment of an insurance superintend- 
ent," approved June 20, 1893, in force July 1, 1893, and to add a 
section thereto, be, and the same is hereb} 7 , arnendea to read as follows: 

§ 3. The insurance superintendent shall possess and have all the 
powers, and he may perform all the duties in regard to the business 
of insurance in this State, which are now .attached by law to the 
office, of Auditor of Public Accounts and the Attorney General. 



INSURANCE. 



257 



And he shall exercise the same control over the insurance com- 
panies, their officers and agents in this State, and shall collect from 
them all taxes, fees, fines and penalties, and may institute and pros- 
ecute in his name all suits and do all things heretofore required to 
be done by the laws of this State by the Auditor of Public Accounts 
and the Attorney General. 

And the said Auditor of Public Accounts and the Attorney Gen- 
eral are hereby relieved from any duty heretofore imposed upon them 
by any law of this State in relation thereto, and the said superin- 
tendent of insurance fully authorized and empowered, from and after 
date of his appointment and qualification as such superintendent, to 
perform the same. 

§ 10. All acts and parts of acts in conflict with this act are here- 
by repealed. 

Approved April 24, 1899. 



LIFE INSURANCE COMPANIES. 

DEPOSIT OF RESERVE AND REGISTRATION OF POLICIES AND ANNUITY BONDS. 



I 1. Provides that life insurance companies 
may deposit with insurance superin- 
tendent not less than $10,000 in addi- 
tion to amount now required by law. 

I 2. Endorsement on policies after deposit 
is made — duty of insurance superin- 
tendent. 

I 3. Additional deposits required— market 
value of deposits to equal value of 
resistered policies, etc. 

\ i. Superintendent to keep record of se- 
curities—companies failing to keep 
deposit equal to registered policies 
and annuity bonds declared insol- 
vent., 



§ 5. Companies may make deposits equal in 
value to non-registered policies and 
annuity bonds — superintendent to 
issue certificates to be attached to 
policies. 

I 6 Rights of companies when deposits 
exceed value of registered policies, 
etc. — companies may exchange se- 
curities—collection of interest and 
coupons. 

I 7. Deposits to be kept separate. 

I 8. Insolvent companies, proceedings 

against. 
§ 9. Fee for making deposits. 
I 10. Assessment companies exempt. 

An Act to provide for the deposit of reserve and the registration of 
policies and annuity bonds by life insurance companies of ttiis 
State. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly : That any life insurance com- 
pany now incorporated, or which may hereafter be incorporated under 
the laws of this State, may deposit with the insurance superintendent 
securities of the kind, and in addition to the amount now required 
and authorized by law to be deposited with him (under an act to 
organize and regulate the business of life insurance, approved March 
26, 1869, in force July 1, 1869), to any amount not less than ten 
thousand dollars, which shall be legally transferred by it to him as 
insurance superintendent for the common benefit of all the holders 
of its registered policies and annuity bonds issued under the provis- 
ions of this act, which shall be held by him in trust for the purposes 
and objects specified herein. 
—17 



258 INSURANCE. 



§ 2. After making the deposit mentioned in the preceding sec- 
tion, no company shall issue a policy of insurance or endowment or 
an annuity bond, unless it shall have upon its face a certificate in the 
following words: '"This policy or annuity bond, as the case may be, 
is registered and. secured by pledge of bonds, stocks or securities de- 
posited with this department," which certificate shall be signed by 
the superintendent and sealed with the seal of his office. Such 
policies and bonds shall be known as registered policies and annuity 
bonds, and a duplicate or copy of each kind, class and issue shall be 
kept in the office of the insurance superintendent. All policies and 
bonds of each kind and class issued, and the copies thereof filed in 
the office of the superintendent, shall have imprinted thereon some 
appropriate designating letter, combination of letters or terms, iden- 
tifying the special form of contract, together with the year of adop- 
tion of such form, and whenever any change or modification is made 
in the form of contracts, policy or bond, the designating letters or 
terms and year of adoption thereon shall be correspondingly changed. 

The superintendent shall prepare and keep such registers thereof 
as will enable him to compute their value at any time. Upon written 
proof attested by the president or vice-president and secretary of the 
company which shall have issued such policies or annuity bonds, that 
any of them have been commuted or terminated, the superintendent 
shall commute or cancel them upon such register. The net present 
value of every policy or annuity bond, according to the standard 
prescribed in the laws of this State for the valuation of policies of 
life insurance companies, when the first premium shall have been 
paid thereon, less the amount of such liens, not exceeding such value 
as the company may have against it, shall be entered opposite the 
record of said policy or annuity bond in the register aforesaid at the 
time such record is made. On the first day of January of each year, 
or within sixty days thereafter, the superintendent shall cause the 
registered policies and annuity bonds of each company to be care- 
fully re-valued, and the actual value thereof at the time fixed for such 
valuation, less such liens, not exceeding such value as the company 
may have against it, shall be entered upon the register opposite the 
record of such XDolicy or bond, and the superintendent shall furnish 
a certificate of the aggregate of such value to the company. It shall 
be the duty of the superintendent to receive mutilated policies and 
annuity bonds issued by said companies, and deliver in lieu thereof 
other policies or bonds of like tenor and date. 

§ 3. Each company which shall have made deposit herein pro- 
vided for. shall make additional deposits from time to time, in 
amounts of not less than five thousand dollars, and of such securities 
as life insurance companies of this State are authorized by law to 
invest in. so that the market value of the securities deposited shall 
always ba equal to the net value of the' registered policies and an- 
nuity bonds issued by said conrpany, less such liens, not exceeding 
such value, as the company may have against it. So long as any 
company shall maintain its deposit, as herein prescribed, at an 
amount equal to or in excess of the net value of its registered policies 



INSURANCE. 259 



and annuity bonds as aforesaid, it shall be the duty of the superin- 
tendent to sign ard affix his seal to the certificates before mentioned 
on every XDolicy and annuity bond presented to him for that purpose 
by any company so depositing. 

§ 4. The superiitendent shall keep a careful record of the secur- 
ities deposited by each company, and when furnishing the annual 
certificates of value mentioned in section two, he shall enter thereon 
the amount and market value of such securities deposited by such 
company. If at any time it shall appear from such certificate or 
otherwise that the value of the securities held on deposit is less than 
the actual value of the registered policies and annuity bonds issued 
by such company it shall not be lawful for the superintendent to 
execute the certificate on any additional policies or annuity bonds of 
such company until it shall have made good the deficit. If any com- 
pany shall fail or neglect to make good such deposit for sixty days it 
shall be deemed to be insolvent and shall be proceeded against in the 
manner provided by law in such cases. 

§ 5. Every company which shall have made the deposit herein 
provided for may, at any time after the date upon which said deposit 
was made, deposit with the superintendent securities of the kind 
herein mentioned, and in accordance with the provisions hereof an 
amount, inclusive of the amount dej)osited under the other provis- 
ions of law, equal to the actual value of all the non-registered policies 
and annuity bonds which it shall have in force at that time, less such 
liens, not exceeding such actual cash value, as the company may 
have against them; and the superintendent shall, when requested so 
to do, furnish such company with a certificate of the description 
mentioned in section two, to be attached to each of said policies and 
annuity bonds. The superintendent shall enter upon each of such 
certificates the number of the policy or annuity bond to which it 
belongs. 

§ 6. Any company depositing under the provisions of this act 
may increase its deposits at any time by making additional deposits 
of not less than five thousand dollars of such securities as are au- 
thorized by this act. Any such .company whose deposits exceed the 
actual value of all registered policies and annuity bonds it has in 
force, less such liens, not exceeding such value as the company may 
hold against them, may withdraw such excess, or it may withdraw 
any of said securities at any time by depositing others of equal 
value, and of the character authorized by this act in their stead; and 
so long as said company shall remain solvent and keep up its de- 
posits, as herein required, it may collect the interest and coupons on 
the securities deposited as the same accrue. 

§ 7. The securities deposited under section 1 of this act shall be 
deposited and kept iti the same manner, but separate from other de-' 
posits of the company. 

§ 8. If at any time the affairs of any life insurance company 
which has deposited securities under the provisions of this act shall, 
in the opinion of the superintendent, appear in such condition as to 



260 



INSURANCE. 



render the issuing of additional policies and annuity bonds by such 
company injurious to the public interest, the superintendent may 
take such proceedings against such company as may be authorized 
by law to be taken against other insolvent companies, and said com- 
panies shall in all respects be subject to the provisions of law affect- 
ing other companies. 

§ 9. Every company making deposit under the provisions of this 
act shall pay to the superintendent for each certificate on registered 
policies or annuity bonds, including seal, a fee of fifty cents: Pro- 
vided, that for each certificate, including seal, issued in accordance 
with the provisions of section 5 of this act, the fee shall be twenty- 
five cents. 

§ 10. The provisions and obligations of this act shall not affect, 
or be construed to apply to fraternal corporations or associations, 
secret societies or any organization doing a life insurance business 
in this State on the assessment plan. 

Approved April 18, 1899. 



SURETY COMPANIES. 



2 3. 



I 4. 



8 5. 



I 6. 



§ 7. 



Formation authorized. 



Declaration filed with insurance 
superintendent— contents of declara- 
tion—majority of officers to be resi- 
dents of this State— Insurance Super- 
intendent to issue certificate— simi- 
larity of names prohibited. 

Insurance superintendent's certificate 
to be published in newspaper— sub- 
scriptions to capital stock. 

Board of directors— election— division 
—term— vacancies. 

Corporators to report proceedings to 
insurance superintendent— examina- 
tion of capital stock— investment of 
capital— expenses of examination — 
how paid. 

Deposit of $100,000 with insurance 
superintendent. 

Insurance superintendent to issue 
certificate of deposit and certificate 
of organization — contents. 



I 9. 

no. 
i ii. 

I 12. 

§13. 

I 14. 

§15. 



Penalty for 
section 7. 



violating provisions of 



Examinations by insurance superin- 
tendent—expense of examination 
paid by corporation. 

Agents to procure certificate of insur- 
ance superintendent. 

Violations, penalty for. 

Fees for declarations, etc. 

Insurance superintendent to notify 
claimants of corporations having 
ceased to do business— time in which 
to file claims. 

Corporations subject to "An act con- 
cerning corporations" and "An act 
in regard to the dissolution of insur- 
ance companies." 



Increase 
ments. 



of capital stock — require- 



1 16. Emergency. 



An Act to provide for the organization, management and regula- 
tion of surety oompdnies. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in ttie General Assembly: That corporations may be 
formed in the manner provided by this act for the purpose of guaran- 
teeing the fidelity of persons holding public or private places of 
trust, and the performance by persons, firms and corporations of 



INSURANCE. 261 



contracts, bonds, recognizances and undertakings of every kind, and 
of becoming surety on bonds required by law, and on every kind of 
contract, obligation and undertaking of persons, firms and corpora- 
tions. 

§ 2. Whenever any number of persons not less than three nor 
more than seven shall propose to form a corporation under this act, 
they shall file with the insurance superintendent a declaration 
signed by each of the corporators, setting forth their intentions to 
form a company for the purpose named in this act, which declaration 
shall comprise a copy of the charter they propose to adopt, and the 
said charter shall set forth the name of the company, the place where 
it is to be located, the mode and manner in which the corporate pow- 
ers of the company are to be exercised, the manner of electing the 
trustees or directors and officers, a majority of whom shall be citizens 
of this State at the time of such election; the manner of filling 
vacancies, the amount of capital stock, and such other particulars as 
may be necessary to explain and make manifest the objects and pur- 
poses of the company, and the manner in which it is to be conducted. 
On the filing of such declaration as aforesaid the insurance super- 
intendent shall examine the same, and if found by him to be in 
accordance with the provisions of this act and not inconsistent with 
the laws and constitution of this State and of the United States, he 
shall cause the same to be recorded in a book to be kept for that 
purpose, and he shall furnish a certified copy of such declaration and 
certificate to the corporators. No name shall be assumed by any 
company incorporating under this act identical with or similar to one 
already appropriated. 

§ 3. Whenever the corporators who shall have received from the 
insurance superintendent such certified copy shall have published 
the same in a newspaper published in the county in which such in- 
surance company is proposed to be located, they may open books to 
receive subscriptions to the capital stock and shall keep such books 
open until the amounts required are subscribed, and shall proceed to 
collect in such capital and complete the organization. 

§ 4. As soon as may be after the capital stock shall be fully sub- 
scribed the corporators shall convene a meeting of subscribers for 
the purpose of electing directors and the transaction of such other 
business as shall come before them. Notice thereof shall be given 
by depositing in the postofnce, properly addressed to each sub- 
scriber, at least ten days before the time fixed, a written or printed 
notice stating the object, time and place of such meeting. In all 
elections for directors of corporations organized under this act, every 
subscriber or stockholder shall have the right to vote in person, or 
by proxy, for the number of shares owned or subscribed by him. for 
as many persons as there are directors to be elected, or to cumulate 
such shares and give one candidate as many votes as the number of 
directors multiplied by the number of his shares of stock shall equal, 
or to distribute them on the same principle among as many candi- 
dates as he shall think fit; and such directors shall not be elected in 
any other manner. It shall be lawful for any such corporation by 



262 INSURANCE. 



resolution of the stockholders to divide its board of directors into 
three classes, numbered consecutively, the term of office of the first 
class to expire on the day of the annual election of said corporation 
then next ensuing; the second class one year thereafter and the third 
class two years thereafter. At each annual election after such clas- 
sification, the stockholders of such corporation shall elect, for a term 
of three years, a number of directors equal to the number in the 
class whose term expires on the day of such election. All other 
vacancies to be filled in accordance with the by-laws of the corpora- 
tion. 

§ 5. The corporators shall make a full report of their proceedings, 
including therein a copy of the notice provided for in the foregoing 
section, a copy of the subscription list and the names of the directors 
elected, and their respective terms of office, which report shall be 
sworn to by at least a majority of the corporators, and shall be filed 
in the office of the insurance superintendent. The insurance 
superintendent shall thereupon make, or cause to be made, an exam- 
ination by one or more disinterested persons especially appointed by 
him for that purpose, who shall certify under oath that the capital 
herein required of the company named in the charter has been paid 
in and is possessed by it in money or in the securities and invest- 
ments authorized herein, and a majority of the directors shall make 
oath that the money has been paid in by the stockholders towards 
payment of their respective shares, and not for any other purpose, 
and that it is intended that the same shall remain as the capital of 
the Gompany to be invested as authorized herein. It shall be lawful 
for any company incorporated under this act to invest its capital and 
the funds accumulated in the course of its business in such securities 
as are authorized by law for the investment of the funds of life insur- 
ance companies. The expenses of such examination shall be paid to 
the insurance superintendent by the company examined. 

§ 6. Every such corporation before commencing business shall, 
in addition to other requirements of law, deposit with the insurance 
superintendent, in trust, for the sx^ecial and sole benefit and security 
of all its creditors and holders of its obligations and contracts of 
suretyship, guaranty and indemnity not less than one hundred thou- 
sand dollars of its paid-up capital in bonds of the United States or 
State or municipal bonds or in mortgages on improved or productive 
real estate in this State, being first liens thereon, and the real estate 
being worth at least twice the amount loaned thereon. The bonds 
and securities so deposited may be exchanged from time to time for 
other securities of any of the classes above mentioned All said 
securities shall be subject* to sale and to the disposal of the proceeds 
by the insurancensuperintendent only in pursuance of the order or 
decree of a courtTof competent jurisdiction in a suit or proceeding 
to which the corporation shall be a part} 7 , and on due notice to it, so 
long as the corporation so depositing shall continue solvent, such 
corporation shall be entitled to receive from the insurance superin- 
tendent the interest or dividends on the deposit. 



INSUKANCE. 26 3 



When any part of such deposit is made in notes or bonds secured 
by mortgages, they shall be accompanied by full abstracts of title 
and searches, which shall be examined and approved by or under the 
direction of the insurance superintendent. The fee for an examina- 
tion of title by counsel, to be paid by the corporation making the 
deposit, shall not exceed twenty dollars for each mortgage, and the 
fee for each appraiser, not exceeding two, besides expenses, shall be 
five dollars for each mortgage. 

§ 7. When the corporators shall have complied with the foregoing 
provisions the insurance superintendent shall furnish them a certifi- 
cate of deposit and shall issue to them a certificate of organization of the 
corporation, making a part thereof a copy of the certificates of exam- 
ination, and all other papers filed in his office in and about the 
organization of the corporation and duly authenticated under his 
hand and seal of office, and the same shall be recorded in a book for 
that purpose in the office of the recorder of deeds of the county 
where the principal office of such company is located. Upon the record- 
ing of said copy, the corporation shall be deemed fully organized 
and may proceed to qualify to do business in this State as provided 
by an act governing surety companies transacting business in this 
State, entitled "An act to amend an act entitled, 'An act to enable 
corporations, created for that purpose, to transact a surety business 
in this State, and to become the surety on bonds required by law;' 
approved May 13. 1887, in force July 1, 1887; (approved June 8, 
1897, in force July 1. 1897.)" And nothing contained in this act shall 
be construed to modify or change the provisions of said last men- 
tioned act or to relate to foreign corporations. Unless such corpo- 
ration shall be organized within two years after the date of filing of 
its declaration and charter it shall be deemed to have lost the right to 
use the name appropriated. 

§ 8. It shall be unlawful for any corporation, organized under 
this act, to do business in this State without first having complied 
with the provisions of the act referred to in section 7 of this act, and 
any corporation violating anj^ of the provisions thereof shall be fined 
not less than one hundred dollars nor more than one thousand dol- 
lars, to be recovered by an action in the name of the State, and on 
collection to be paid into the State treasury. 

§ 9. It shall be the duty of the insurance superintendent to 
make, or cause to be made, an examination of the condition and 
affairs of any company incorporated under this act doing business in 
this State whenever he shall deem it expedient to do so, and also 
whenever he shall have good reason to suspect the correctness of any 
annual statement, or that the affairs of any company making such 
statements are in an unsound condition. The', expenses of such 
examination shall be paid to the insurance superintendent b} 7 the 
company examined. 

§ 10. It shall not be lawful for any agent or agents to act for any 
company or companies incorporated under this act, directly or in- 
directly, in soliciting or procuring business or issuing policies, with- 



264 INSURANCE. 



out procuring from the insurance superintendent a certificate of 
authority, stating that such company has complied with all the 
requisitions of this act which apply to such companies. 

§ 11. Any violation of the provisions of this act shall subject the 
party violating the same to a penalty of not less than one hundred 
dollars nor more than one thousand dollars, to be recovered by an 
action in the name of the State, and on collection paid into the State 
treasury. 

§ 12. There shall be paid by every corporation to which this act 
shall apply the following fees: 

For filing declarations and certified copy of charter, the sum of 
thirty dollars. For riling annual statement, ten dollars. For each 
agent's certificate of authority, two dollars. For each copy of paper 
filed, twenty cents per folio, and for certifying the same and affixing 
seal, one dollar. 

§ 13. At any time after such corporation shall have ceased doing 
business the insurance superintendent shall, upon the request in 
writing of such corporation and within ten days after such request, 
notify each and every claimant or pretended claimant against such 
corporation therein designated, to bring suit upon his claim within 
thirty days after such notice, or lose all right to the protection and 
security of the deposit mentioned in section six (6) of this act or 
any part thereof, and if any such claimant shall not within said thirty 
days begin suit against such corporation, or whenever any such suit 
shall be dismissed or decided adversely to such claimant, such deposit 
shall be thereby freed from liability in respect of any claim of such 
claimant. 

§ 14. Corporations formed under this act shall be subject to all 
laws of this State governing corporations for pecuniary profit, as 
provided for in an act entitled, "An act concerning corporations," 
approved April 18, 1872, in force July 1, 1872, and amendments 
thereto, in force July 1, 1897, and the duties thereof, and shall have 
the powers thereof, so far as the same are not inconsistent with the 
provisions of this act. Such companies shall also be subject to the 
provisions and requirements of an act entitled, "An act in regard to 
the dissolution of insurance companies," approved February 17, 
1874. in force July 1, 1874. 

§ 15. Any such company may at any time increase the amount of 
its capital stock by altering or amending its charter in this respect 
and filing a copy of its charter so amended, together with a declara- 
tion under its corporate seal, signed by its president and directors, 
of their desire so to do, with the written consent of three-fourths in 
amount of its stockholders to such increase, in the office of the in- 
surance superintendent, who shall thereupon make such examina- 



INSURANCE. 26f 



tion in respect to such increased capital as is required in respect to 
the original capital in the organization of companies hereunder and 
shall issue to such company a certificate of such increase of capital. 

§ 16. Whereas, an emergency exists that this act shall take effect 
without delay, therefore this act shall take effect and be in force from 
and after its passage. 

Approved April 17, 1899. 



TAX ON GROSS PREMIUM RECEIPTS OF COMPANIES OTHER THAN LIFE. 

11. Provides that all companies pay to insurance superintendent two per cent of gr^ss 
premiums on business done in this State— exception. 

An Act providing for a tax on gross premium receipts of insur- 
ance companies and associations, other than life. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That every insurance com- 
pany or association, other than life, organized or incorporated under 
the laws of any other state or nation, and every other insurance com- 
pany, other than life, whose charter may be owned or a majority of 
whose stock may be controlled, or whose business shall be carried on 
in the interest or for the benefit of any insurance company or asso- 
ciation incorporated under the laws of any other state or nation 
shall, at the time of making the annual statements as required by 
law, pay to the insurance superintendent as taxes two per cent of 
the gross amount of premiums received by it for business done in 
this State, including all insurance upon, property situated in this 
State during the preceding calendar year. 

The payment of said taxes shall be a condition precedent to the 
privilege of doing business in this State. Upon compliance with 
the laws of this State and the payment of said taxes, the insurance 
superintendent shall issue the annual certificate as provided by law, 
and the taxes provided in this act shall be in full for all taxes, State 
and local, against such corporations or associations, except taxes 
on real estate, and such reciprocal tax as is required by law: 
Provided, where fire insurance companies pay into cities and vil- 
lages that have an organized fire department a tax of two dollars or 
less on every one hundred dollars of premiums received by the com- 
pany, in such city or village, said amount shall be deducted from the 
amount to be paid to the Insurance Superintendent by provisions of 
this act. 

Approved April 19, 1899. 



266 JURY COMMISSIONERS. 



JURY COMMISSIONERS. 



APPOINTMENT. 

I 1. Amends section 1 of the act of 1887: 

1 1. Judges of the several courts of record to appoint jury commissioners— term of 
office— oath and bond— filling' vacancies— emergency. 

An Act to amend Section 1 of an act entitled, "An act to authorize 
judges of courts of record to appoint jury commissioners and pre- 
scribing their powers and duties" approved June 15, 1887, in 
force July 1, 1887, as amended, by an act approved June 9, 1897, 
m force July 1, 1897 . 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 1 of an act 
entitled, '"'An act to authorize judges of courts of record to appoint 
jury commissioners and prescribing their powers and duties, "' ap- 
proved June 15, 1887, in force July 1, 1887, as amended by an act 
approved June 9, 1897, in force July 1, 1897, be amended to read as 
follows: 

§ 1. In every county of this State now containing, or which may 
hereafter contain, more than two hundred and fifty thousand 
(250,000) inhabitants, the judges of the several courts of record of 
such county, or a majority of them, shall choose three competent and 
discreet electors, who shall not be, by law, exempt or disqualified 
from serving as jurors, and who shall not be so chosen on account of 
party affiliations, who shall be known as jury commissioners. Such 
commissioners shall, in counties now containing the required num- 
ber of inhabitants, be chosen on the first Monday of July, 1897, and 
in counties hereafter containing the required number of inhabitants 
such commissioners shall be so chosen on the first Monday of July 
after it shall have been determined by the last preceding national 
census that the inhabitants of such county are of the number re- 
quired. Of the first three so chosen one shall hold his office for one 
year, one for two years and one for three years, to be determined by 
lot, and every year thereafter one such officer shall be chosen for the 
term of three years. Each of such commissioners, before entering 
upon the duties of his office, shall take and subscribe to an oath of 
office before one of such judges, and shall execute a bond to the Peo- 
ple of the State of Illinois in such sums and with such sureties as 
shall be required by such judge and be, by him approved, condi- 
tioned for the faithful discharge of his duties as such commissioner 
during his term of office. The majority of the judges of such county 
may remove either of such commissioners, assigning reasons there- 
for, and fill all vacancies occurring in the office of any such commis- 
sioners by death, resignation or removal. 

Whereas, emergency exists, therefore this act shall take effect 
and be in full force after its passage and approval by the Governor. 

Approved April 24, 1899. 



JUSTICES AND CONSTABLES. 267 



JUSTICES AND CONSTABLES. 



APPOINTMENT OF CHICAGO JUSTICES. 

I 1. Amends section 2 of article I, Act 1895— : I 2. Emergency, 
appointment of Chicago justices. I 

An Act to amend Section two (2) of Article one (1) of an act en- 
titled, "An act to revise the laio in relation to justices of the peace 
and constables," approved June 26, 1895, in force July 1, 1895. 

Section 1. Be it enacted by the People of the Slate of Illinois' 
represented in the General Assembly : That section two (2) of 
article one (1) of an act entitled, "An act in relation to justices of 
the peace and constables," approved June 26, 1895, in force July 1, 
1895, be, and the same is hereby, amended to read as follows: 

Article I. 

JUSTICES OF CHICAGO. 

§ 2. It shall be the duty of the judges of the circuit, superior, 
probate and county courts of Cook county, a majority of the judges 
concurring therein, on or before the first day of June, in the year of 
our Lord 1895, and every four years thereafter, to recommend to the 
Governor nine fit and competent persons to fill the office of justice of 
the peace in the town of West Chicago; also nine fit and competent 
j)ersons to fill the office of justice of the peace in the town of South 
Chicago; also five fit and competent persons to fill the office of justice 
of the peace in the town of North Chicago; also five fit and compe- 
tent persons to fill the office of justice of the peace in the town of 
Lake View; also five fit and competent persons to fill the office of 
justice of the peace in the town of Jefferson; also five fit and compe- 
tent persons to fill the office of justice of the peace in the town of 
Lake; also seven fit and competent persons to fill the office of justice 
of the peace in the town of Hyde Park; also three fit and competent 
persons to fill the office of justice of the peace in that part of the 
town of Calumet that is annexed to the city of Chicago; also one 
fit and competent person to fill the office of justice of the peace in 
that part of the town of Evanston annexed to the city of Chicago; 
also one fit and competent person to fill the office of justice of the 
peace for that part of Norwood Park which lies within the city of 
Chicago and the county of Cook, all in the city of Chicago and 
county of Cook, and the persons thus recommended the Governor 
shall nominate, and by and with the advice and consent of the Senate 
(a majority of the Senators elected concurring by yeas and nays) , 
appoint justices of the peace in and for each of said towns respect- 
ively, and in the case the Governor rejects any person recommended. 
or the Senate refuses to confirm any person nominated, the Governor 
shall give notice of such rejection or refusal to the said judges, who 
shall, within ten days after the receiving of such notice, recommend 



268 



JUSTICES AND CONSTABLES— LABOR. 



some other fit and competent person for such appointment. Such 
persons so recommended shall be electors in the town in and for 
which they are to be appointed such justices of the peace. 

§ 2. Whereas, an emergency exists, this act shall be in force from 
and after its passage. 

Approved March 14, 1899. 



LABOR. 



free employment agencies in certain cities. 



I 9. 



No employes to be furnished in case 
of strike or lockout. 

Defines terms "applicant for employ- 
ployment" and "applicant for help." 



10. Private agencies to procure license — 

amount of license— bond — similarity 
of name to that of State agency pro- 
hibited—penalty for violation. 

11. Grounds for removal of superintend- 

ent. 

12. Secretary of State to furnish printing 

for agencies. 



§ 1. Creation of in certain cities— number in 
each city— purpose— name. 

2 2. Officers— how appointed — sal aires. 

§ 3. Duties of superintendent— registers- 
form of— not open to public. 

2 i. Superintendent to report to bureau of 
labor statistics each week— circula- 
tion of reports. 

§ 5. Superintendent to correspond with em- 
ployers and advertise for employ- 
ment—allows $400 for advertising. 

I 6. Superintendent to make annual report 
to bureau of labor statistics. 

'i 7. No fee charged applicants— penalty for 
receiving fee. 

An Act to create free employment offices in cities of certain desig- 
nated populations, and to provide for the maintenance, manage- 
ment and control of the same, and to prevent private imitations of 
the name of the same and regulating private employment agencies. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That free employment 
offices are hereby created as follows: One in each city of not less 
than fifty thousand population, and three in each city containing a 
population of one million or over, for the purpose of receiving appli- 
cations of persons seeking employment, and applications of persons 
seeking to employ labor. Such offices shall be designated and known 
as Illinois Free Employment Offices. 

§ 2. Within sixty days after this act shall have been in force, the 
State Board of Commissioners of Labor shall recommend, and the 
Governor, with the advice and consent of the Senate, shall appoint a 
superintendent and assistant superintendent and a clerk for each of 
the offices created by section 1 of this act, and who shall devote their 
entire time to the duties of their respective offices. The assistant su- 
perintendent or the clerk shall in each case be a woman. The tenure 
of such appointment shall be two years, unless sooner removed for 
cause. The salary of each such superintendent shall be $1,200 per 



LABOE. 269 



annum, the salary of such assistant superintendent shall be $900 per 
annum. The salary of such clerks shall be $800 per annum, which 
sums, together with proper amounts for defraying the necessary costs 
of equipping and maintaining the respective offices, shall be paid out 
of any funds in the State treasury not otherwise appropriated. 

§ 3. The superintendent of each such free employment office 
shall, within sixty days after appointment, open an office in such 
locality as shall have been agreed upon between such superin- 
tendent and the secretary of the bureau of labor statistics as being 
most appropriate for the purpose intended; such office to be provided 
with a sufficient number of rooms or apartments to enable him to 
provide, and he shall so provide, a separate room or apartment for 
the use of women registering for situations or help. Upon the out- 
side of each such office, in position and manner to secure the fullest 
public attention, shall be placed a sign which shall read in the Eng- 
lish language, Illinois Free Employment Office, and the same shall 
appear either upon the outside windows or upon signs in such other 
languages as the location of each such office shall render advisable. 
The superintendent of each such free employment office shall receive 
and record in books kept for that purpose names of all persons ap- 
plying for employment or help, designating opposite the name and 
address of each applicant the character of employment or help de- 
sired. Separate registers for applicants for employment shall be 
kept, showing the age, sex, nativity, trade or occupation of each 
applicant, the cause and duration of fnon-]employment, whether 
married or single, the number of dependent children, 
together with such other facts as may be required by 
the bureau of labor statistics to be used by said bureau: 
Provided, that no such special registers shall be open to public in- 
spection at any time, and that such statistical and sociological data 
as the bureau of labor may require shall be held in confidence by said 
bureau, and so published as not to reveal the identity of any one: 
And, provided further, that any applicant who shall decline to fur- 
nish answers to the questions contained in special registers shall not 
thereby forfeit any rights to any employment the office might secure. 

§ 4. Each such superintendent shall report on Thursday of each 
week to the State Bureau of Labor Statistics the number of applica- 
tions for positions and for help received during the preceding week; 
also those unfilled applications remaining on the books at the begin- 
ning of the week. Such lists shall not contain the names or addresses 
of any applicants, but shall show the number of situations desired 
and the number of persons wanted at each specified trade or occupa- 
tion. It shall also show the number and character of the positions 
secured during the preceding week. Upon receipt of these lists, and 
not later than Saturday of each week, the secretary of the said bureau 
of labor statistics shall cause to be printed a sheet showing separately 
and in combination the lists received from all such free employment 
offices; and he shall cause a sufficient number of such sheets to be 
printed to enable him to mail, and he shall so mail, on Saturday of each 
week, two of said sheets to each superintendent of a free employment 



270 LABOR. 



office, one to be filed by said superintendent, and one to be conspicu- 
ously posted in each such office. A copy of such sheet shall also be 
mailed on each Saturday by the secretary of the State Bureau of Labor 
Statistics to each State Inspector of Factories and each State Inspector 
of Mines. And it is hereby made the duty of said factory inspectors 
and coal mine inspectors to do ail they reasonably can to assist in 
securing situations for such applicants for work, and describe the 
character of work and cause of the scarcity of workmen, and to secure 
for the free employment offices the cooperation of the employers of 
labor in factories and mines. It shall be the duty of such factory in- 
spectors and coal mine inspectors to immediately notify the superin- 
tendent of free employment offices of any and all vacancies or oppor- 
tunities for employment that shall come to their notice. 

§ 5. It shall be the duty of each such superintendent of a free 
employment office to immediately put himself in communication with 
the principal manufacturers, merchants and other employers of labor, 
and to use .all diligence in securing the cooperation of the said em- 
ployers of labor, with the purposes and objects of said employment 
offices. To this end it shall be competent for such superintendents 
to advertise in the columns of daily newspapers for such situations 
as he has applicants to fill, and he may advertise in a general way for 
the cooperation of large contractors and employers in such trade jour- 
nals or special publications as reach such employers, whether such 
trade or special journals are published within the State of Illinois or 
not: Provided, that not more than four hundred dollars, or as much 
thereof as shall be necessary, shall be expended by the superintendent 
of any one such office for advertising any one year. 

§ 6. It shall be the duty of each such superintendent to make re- 
port to the State Bureau of Labor Statistics annually, not later than 
December first of each year, concerning the work of his office for the 
year ending October first of same year, together with a statement of 
the expenses of the same, including the charges of an interpreter 
when necessary, and such reports shall be published by the said 
bureau of labor statistics annually with its coal report. Each such 
superintendent shall also perform such other duties in the collection 
of statistics of labor as the secretary of the bureau of labor statis- 
tics may require. 

§ 7. No fee or compensation shall be charged or received, directly 
or indirectly from persons applying for employment or help through 
said free employment offices; and any superintendent, assistant super- 
intendent or clerk, who shall accept, directly or indirectly, any fee or 
compensation from any applicant, or from his or her representative, 
shall be deemed guilty of a misdemeanor, and, upon conviction, shall 
be fined not less than twenty-five nor more than fifty dollars and 
imprisoned in the county jail not more than thirty days. 

§ 8. In no case shall the superintendent of any free employment 
office created by this act, furnish or cause to be furnished, workmen 
or other employes to any applicant for help whose employes are at 
that time on strike, or locked out; nor shall any list of names and 
addresses of applicants for employment be shown to any employer 



LABOR. 271 



whose employes are on strike or locked out; nor shall such list be ex- 
posed where it can be copied or used by an employer whose employes 
are on strike or locked out. 

§ 9. The term "applicant for employment" as used in this act 
shall be construed to mean any person seeking work of any lawful 
character, and "applicant for help" shall mean any person or persons 
seeking help in any legitimate enterprise; and nothing in this act 
shall be construed to limit the meaning of the term "work" to manual 
occupation, but it shall include professional service, and any and all 
other legitimate services. 

§ 10. No person, firm or corporations in the cities designated in 
section 1 of this act, shall open, operate or maintain a private 
employment agency for hire, or where a fee is charged to either ap- 
plicants for employment or for help, without first having obtained a 
license from the Secretary of the State, which license shall be two 
hundred dollars rjer annum, and who shall be required to give a bond 
to the People of the State of Illinois in the penal sum of one thousand 
dollars for the faithful performance of the duties of private employ- 
ment agent; and no such private agent shall print, publish, or paint 
on any sign, window, or newspaper publication, a name similar to 
that of the Illinois Free Employment Offices. And any person, firm 
or corporation violating the provisions of this act, or any part thereof, 
shall be deemed guilty of a misdemeanor and upon conviction shall 
be fined not less than fifty nor more than one hundred dollars. 

§ 11. Whenever, in the opinion of the board of commissioners of 
labor, the superintendent of any free employment office is not duly 
diligent or energetic in the performance of his duties, they may 
summon such superintendent to appear before them and show cause 
why he should not be recommended to the Governor for removal, and 
unless such cause is clearly shown the said board may so recommend. 
In the consideration of such case an unexplained low percentage of 
positions secured to applicants for situations and help registered, 
lack of intelligent interest and application to the work, or a general 
inaptitude or inefficiency, shall be considered by said board a sufficient 
ground upon which to recommend a removal. And if, in the opinion 
of the Governor, such lack of efficiency can not be remedied by re- 
proval and discipline, he shall remove as recommended by said board: 
Provided, that the Governor may at any time remove any superin- 
tendent, assistant superintendent or clerk for cause. 

§ 12. All such printing, blanks, blank books, stationery and post- 
age as may be necessary for the proper conduct of the business of 
the offices herein created shall be furnished by the Secretary of State 
upon requisition for the same made by the secretary of the bureau 
of labor statistics. 

Approved April 11, 1899. 



272 MEDICINE AND SURGERY. 



MEDICINE AND SURGERY. 



DENTAL SURGERY. 

§ 1. Amends sections 6, 8, 9 and 10 of the Act of 1881: 

I 6. Examinations — license — college graduates exempt from examination— license 
fee. 

§ 8. Violations— penalty. 

I 9, Fees— compensation of board— surplus— board to make annual report to Gov- 
ernor. 

1 10. Registering 1 license with county clerk— county clerk's fee— forfeiture of license 
— penalty. 

An Act to amend an act entitled, "An act to insure the better educa- 
tion of the practitioners of dental surgery, and to regulate the 
practice of dentistry in the State of Illinois" approved May 30, 
1881, in force July 1, 1881. 

Section 1. Be it enacted by the Feople of the State of Illinois, 
represented in the General Assembly : That sections 6, 8, 9 and 10 
of "An act to insure the better education of practitioners of dental 
surgery, and to regulate the practice of dentistry in the State of 
Illinois," approved May 30, 1881, in force July 1, 1881, be amended 
to read as follows: 

§ 6. Any and all persons, who shall so desire, may appear before 
said board at any of its regular meetings and be examined with ref- 
erence to their knowledge and skill in dental surgery, and if the 
examination of any such person or persons shall prove satisfactory to 
said board, the board of examiners shall issue to such persons as they 
shall find from such examination to possess the requisite qualifica- 
tions, a license to practice dentistry in accordance with the provisions 
of this act. But said board shall at all times issue a license to any 
regular graduate of any reputable dental college without examination, 
upon the payment by such graduate to the said board, of a fee of five 
dollars. All licenses issued by said board shall be signed by the 
members thereof, and be attested by its president and secretary; and 
such license shall be prima facie evidence of the right of the holder 
to practice dentistry in the State of Illinois. 

§ 8. Any person who shall violate any of the provisions of this 
act shall be liable to prosecution before any court of competent jur- 
isdiction, in the name of the People of the State of Illinois, and upon 
conviction may be fined in any sum not less than twenty-five dollars, 
nor more than one hundred dollars, for each and every offense. All 
fines and penalties recovered under this act shall be paid to the Illi- 
nois State Board of Dental Examiners for their use. 

§ 9. In order to provide the means for carrying out and maintain- 
ing the provisions of this act, the said board of examiners may charge 
each person applying to, or appearing before them for examination 
for license to practice dentistry, a fee of ten dollars, and out of the 
funds coming into possession of the board from the fees so charged, 
the members of said board may receive as compensation the sum of 



MEDICINE AND SURGERY. 273 



five dollars for each day actually engaged in the duties of their office, 
and all legitimate and necessary expenses incurred in attending the 
meetings of said board. Said expenses shall be paid from the fees 
and penalties received by the board under the provisions of this act. 
All moneys received in excess of said per diem, allowance and other 
expenses above provided for, shall be held by the secretary of said board 
as a special fund for meeting the expenses of said board, by giving such 
bond as the board shall from time to time direct. And said board 
shall make an annual report of its proceedings to the Governor, by 
the fifteenth of December of each year, together with an account of 
all moneys receiveel and disbursed by them pursuant to this act. 

§ 10. Any person who shall be licensed by said board to practice den- 
tistry shall cause his or her license to be registered with the county 
clerk of the county in which such person may reside to engage in the 
practice of dentistry, within six months from its date, and the date of 
registering shall be endorsed thereon. The county clerks of the several 
counties in this State shall charge a fee of twenty-five cents for regis- 
tering such license. Any person holding such license who removes to 
another county, or desires to practice in more than one county, shall 
register his or her license as above directed in each of such county or 
counties. The holder of a license shall not practice in a county 
until his license is registereel in such county. Any failure, neglect or 
refusal to register the license in some one county in this State for a 
period of six months from the date of its issue, shall work a for- 
feiture of the license, and no license when once forfeited shall be 
re-issueel except upon payment to the State Board of Dental Exam- 
iners of a penalty of twenty-five dollars for such neglect, failure or 
refusal. 

Approved April 24, 1899. 

PRACTICE REGULATED. 



'i 1. Organization and duties of State Board 
of Health. 

1 2. License from State Board of Health 

required— applications for license- 
examinations — graduates of legally 
chartered medical colleges in Illinois 
in good standing - granted certificates. 

2 3. License to practice— provisions. 

1. 4. Certificates to be recorded in office of 
county c'erk — records of county 
clerk. 

3 5. Examination. fees. 



1 6. Unprofessional or dishonorable con 

duct— board may withhold or revoke 
certificates — hearing. 

g 7. Definition of this Act. 

2 8. Itinerant venders— license— penalties. 
§ 9. Penalty for practicing without license. 
§ 10. Enforcing penalties— appeals. 

§ 11. Board to make report of proceedings 
and pay all funds into State treasury 
on September 30th of each year. 

I 12. Repeal. 



An Act to regulate the practice of 'medicine in the State of Illinois, 
and to repeal an act therein named. 

Section 1. Be it enacted by the People of the. State of Illinois, 
represented in the General Assembly: That the State Board of 
Health shall organize within three months after the passage of this 

— 18 



274 MEDICINE AND SURGERY. 



act; it shall procure a seal and shall receive through its secretary ap- 
plications for certificates and examinations. The president and sec- 
retary shall have the authority to administer oaths, and the board to 
take testimony in all matters relating to its duties. 

§ 2. No person shall hereafter begin the practice of medicine or 
any of the branches thereof, or midwifery in this State without first 
applying for and obtaining a license from the State Board of Health 
to do so. Application shall be in writing and shall be accompanied 
by the examination fees hereinafter specified, and with proof that 
the applicant is of good moral character. Applications from candi- 
dates who desire to practice medicine and surgery in all their 
branches shall be accompanied by proof that the applicant is a gradu- 
ate of a medical college or institution in good standing, as may be 
determined by the board. When the application aforesaid has been 
inspected by the board and found to comply with the foregoing pro- 
visions the board shall notify the applicant to appear before it for 
examination at the time and place mentioned in such notice. 

Examinations may be made in whole or in part in writing by the 
board, and shall be of a character sufficiently strict to test the quali- 
fications of the candidate as a practitioner. The examination of 
those who desire to practice medicine and surgery in all their 
branches shall embrace those general subjects and topics, a knowl- 
edge of which is commonly and generally required of candidates for 
.the degree of doctor of medicine by reputable medical colleges in the 
United States. The examination of those who desire to practice 
midwifery shall be of such character as to determine the qualifica 
tion of the applicant to practice midwifery. The examination of 
those who desire to practice any other system or science of treating 
human ailments who do not use medicines internally or externally. 
and who do not practice operative surgery shall be of a character 
sufficiently strict to test their qualifications as practitioners. 

All examinations provided for in this act shall be conducted under 
rules and regulations prescribed by the board, which shall provide 
for a fair and wholly impartial method of examination: Provided, 
that graduates of legally chartered medical colleges in Illinois in 
good standing as may be determined by the board may be granted 
certificates without examinations. 

§ 3. If the applicant successfully passes his examination, or pre- 
sents a diploma from a legally chartered medical college in Illinois 
of good standing, the board shall issue to such applicant a license 
authorizing him to practice medicine, midwifery or other system of 
treating human ailments, as the case may be: Provided, that those 
who are authorized to practice other systems can not use medicine 
internally or externally or perform surgical operations: Provided 
further, that only those who are authorized to practice medicine and 
surgery in all their branches shall call or advertise themselves as 
physicians or doctors: And, }wovided further, that those who are 
authorized to practice midwifery shall not use any drug or medicine 
or attend other than cases of labor. Such license shall be in such 



MEDICINE AND SURGERY. 275 



■form as may be determined by the board, and in accordance with the 
provisions of this act: Provided, however, that any willful violation 
on the part of an applicant of any of the rules and regulations of the 
board governing examinations shall be sufficient cause for the board 
to refuse to issue a license to such applicant. Such certificates shall 
he signed by all members of the board and attested by the secretary. 

§ 4. Every person holding a certificate from the State Board of 
Health shall have it recorded in the office of the clerk of the county 
in which he resides or practices within three months from its date, 
and the date of recording shall be endorsed thereon. Until such cer- 
tificate is recorded as herein provided, the holder thereof shall not 
exercise any of the rights or privileges conferred therein. Any per- 
son practicing in another county shall record the certificate in like 
manner in the county in which he practices, and the holder of the 
certificate shall pay to the county clerk the usual fee for making the 
record. The county clerk shall keep, in a book provided for the pur- 
ipose, a complete list of the certificates recorded by him. with the 
date of the issue of the certificate. The register of the county clerk 
•.shall be open to public inspection during business hours. 

§ 5. The fees for examination and for a certificate shall be as fol- 
lows: Ten (10) dollars for examination in medicine and surgery, 
and five (5) dollars for a certificate if issued. Five (5) dollars for 
an examination in midwifery, and three (3) dollars for a certificate 
if issued. For all other practitioners ten (10) dollars for an examin- 
ation and five (5) dollars for a certificate if issued. 

§ 6. The State Board of Health may refuse to issue the certificates 
.provided for in this act to individuals who have been convicted of 
the practice of criminal abortion, or who have by false or fraudulent 
'representation obtained or sought to obtain practice in their profes- 
sion, or by false or fraudulent representation of their profession have 
obtained or sought to obtain money or any other thing of value, or 
who advertise under names other than their own, or for any other 
unprofessional or dishonorable conduct, and the board may revoke 
such certificates for like causes: Provided, that no certificates shall 
be revoked or refused until the holder or applicant shall be given a 
hearing before the board. 

§ 7. Any person shall be regarded as practicing medicine, 
within the meaning of this act, who shall treat or profess 
to - treat, operate on or prescribe for any physical ailment 
or any physical injury to, or deformity of. another: P)-ovided, 
that nothing in this section shall be construed to apply 
to the administration of domestic or family remedies in 
cases of emergency, or to the laws regulating the practice of dentis- 
try or of pharmacy. And this act shall not apply to surgeons of the 
United States army, navy or marine hospital service in the discharge 
of their official duties, or to any person who ministers to or treats the 
sick or suffering by mental or spiritual means, without the use of any 
drug or material remedy. 

§ 8. That any itinerant vender of any drug, nostrum, ointment or 
.appliance of any kind intended for the treatment of diseases or in- 



276 MEDICINE AND SURGERY. 



jury, who shall. by writing or printing, or any other method, profess- 
to the public to cure or treat disease or deformity by any drug, nos- 
trum or application, shall pay a license of one hundred dollars (8100) 
per month into the treasury of the board, to be collected by the board 
in the name of the People of the State of Illinois, for the use of said 
board. And it shall be lawful for the State Board of Health to issue 
such license on application made to said board, said license to be 
signed by the president of the board and attested by the secretary 
with the seal of the board; but said board may, for sufficient cause., 
refuse said license. And such itinerant vender who shall, by writing 
or printing, or any other method, profess to cure or treat disease or 
deformity by any drug, nostrum or appliance, without a license so to 
do. shall be deemed guilty of a violation of this section, and upon 
conviction shall' be subject to the penalties hereinafter provided. 

§ 9. Any person practicing medicine or surgery or treating human 
ailments in the State without a certificate issued by this board in 
compliance with the provisions of this act, or any itinerant vender 
violating the provisions of section 8 of this act, shall, for each and 
every instance of such practice or violation, forfeit and pay to the- 
People of the State of Illinois, for the use of the said board of health, 
the sum of one hundred (100) dollars for the first offense and two 
hundred (200) dollars for each subsequent offense, the same to be re- 
covered in an action of debt before any court of competent jurisdic- 
tion, and any person filing or attempting to file as his own the diploma 
or certificate of another, or a forged affidavit of identification, shall 
be guilty of a felony, and upon conviction shall be subject to such 
fine and imprisonment as are made and provided by the statutes of 
the State for a crime of forgery: Prodded, that this section shall 
not apply to physicians who hold unrevoked certificates from the 
State Board of Health, issued prior to the time of the taking effect of 
this act. 

§ 10. Upon conviction of either of the offenses mentioned in this 
act the court shall, as a part of the judgment, order that the defend- 
ant be committed to the common jail of the county until the fine and 
costs are paid, and upon failure to pay the same immediately, the de- 
fendant shall be committed under said order, for first offense not 
more than thirty (30) days, and for each subsequent offense not more 
than ninety (90) days: Provided, that either party may appeal in 
the same time and manner as appeals may be taken in other cases, 
except that where an appeal is prayed in behalf of the people, no ap- 
peal bond shall be required to be filed, whether the appeal be from a 
justice of the peace or from the county or circuit courts, or from the' 
appellate court. But it shall be sufficient in bshalf of the People of 
the State of Illinois, for the use of the State Board of Health, to pray 
an appeal, and thereupon appeal may be had without bond or 
security. 

§ 11. On the 30th day of September of each year the State Board 
of Health shall make report of its proceedings, showing all items of 
receipts from all sources and disbursements for all purposes, and all: 



MEDICINE AND SURGERY. 277 



funds in the treasury on said date which have been received in the 
enforcement or this act, shall be paid into the State treasury. 

§ 12. An act to regulate the practice of medicine in the State of 
Illinois, approved June 17, 1887, in force July 1, 18S7, and all other 
acts and parts of acts inconsistent with this act are hereby repealed. 

Approved April 24, 1899. 



VETERINARY MEDICINE AND SURGERY. 

i 1. Enacting clause. I I 6. Per cliem and expenses of board— paid 

out of fees and penalties— custodian 



■?.2. Appointment of board of examiners — 
meetings— examinations. 

3 3. Who may practice— license. 

I 4. Application for license — Secretary of 
Board of Live Stock Commissioners 



of fees and penalties. 

License to be filed with county clerk 
—recorder— license forfeited for fail- 
ure to file within three months — fee 
for restoring license. 



to act as secretary of board of ex- j § 8. Practitioners of veterinary medicine 

aminers— applications accompanied \ and surgery denned. 

by diploma or affidavits-license fee ! g 9> Practitioners to make application for 



when applicant has diploma or is a 
practitioner— examination— fee. 

Duties of .board of examiners— refusal 



license within six months— tempo- 
rary permits. 
10. Violation— penalty, 
of license by live stock board— hear- ' t 11. Penalty for filing forged, fictitious or 
ing — report of proceedings — con- ' fraudulent diploma or certificate- 

tents, disposition of fines. 

An Act to regulate the practice of veterinary medicine and surgery 
in the State of Illinois. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That it shall be unlawful 
for any person to practice veterinary medicine and surgery in this 
State who shall not have complied with the provisions of this act. 

§ 2. The State Board of Live Stock Commissioners shall, as soon 
as practicable after this act goes into effect, appoint three compe- 
tent veterinary surgeons, not to exceed two of which shall be grad- 
uates of the same veterinary college, who shall constitute a board of 
veterinary examiners, and who shall continue to serve on such board 
at the pleasure of said board of live stock commissioners. The 
board of veterinary examiners shall meet at such times and places as 
may be ordered by the State Board of Live Stock Commissioners for 
the purpose of examining diplomas and credentials and conducting 
examinations of applicants for license to practice veterinary medi- 
cine and surgery in the State of Illinois. 

§ 3. All persons in the State of Illinois who, at the time of the 
passage of this act, shall be in possession of a diploma from a recog- 
nized college duly authorized to graduate students in veterinary 
medicine and surgery, or who shall have been in the continuous 
practice of veterinary medicine and surgery in this State for a period 
■of three consecutive years prior thereto, shall be entitled to practice 
weterinary medicine and surgery upon making application to the 



278 MEDICINE AND SURGERY. 



State Board of Live Stock Commissioners within six months from 
the date on which this act shall go into effect, and receiving from 
said board a license as provided by the terms of this act: Provided, 
that any person may make application to the State Board of Live- 
stock Commissioners and may be granted a license by said board by 
passing an examination before the board of veterinary examiners, 
herein provided for, and otherwise complying with the provisions of 
this act. Any person who, subsequent to the passage of this act, 
becomes a graduate of a college duly authorized to graduate students, 
in veterinary medicine and surgery, as evidenced by its diploma, or 
being possessed of such diploma becomes a citizen of this State by 
removal thereto from another state, may make application to the 
State Board of Live Stock Commissioners and receive a license as; 
aforesaid upon proving the genuineness of such diploma: Provided, 
however, that in such cases an examination before the board of 
veterinary examiners may, in the discretion of said board of veter- 
inary examiners, be required of such applicant. 

§ 4. All applications for a license to practice veterinary medicine 
and surgery in the State of Illinois under the provisions of this act 
shall be made to the State Board of Live Stock Commissioners 
through its secretary, who shall act as secretary for the board of vet- 
erinary examiners, and each application must set forth fully the- 
grounds upon which the application is based and, in the case of 
graduates of veterinary colleges, must be accompanied by the 
diploma of the applicant and an affidavit setting forth that the appli- 
cant is a graduate of a certain veterinary college mentioned in the 
diploma and is the person to whom the diploma in question was- 
originally issued. And in the case of practitioners who are non- 
graduates, the application shall be accompanied by an affidavit stat- 
ing the number of years that the applicant has been engaged in the 
continuous practice of veterinary medicine and surgery in the State- 
of Illinois, and any other information that may be required by the- 
State Board of Live Stock Commissioners. Each application for a 
license by a graduate in possession of a diploma and by a practi- 
tioner shall be accompanied by a license fee of five dollars ($5.00). 
The State Board of Veterinary Examiners shall examine all applicants- 
not entitled to practice by reason of being in possession of a diploma, 
or of having practiced three years, presenting themselves for that 
purpose; said examination to be written or oral, or both, and shall' 
include the following subjects: Veterinary anatomy, surgery, prac- 
tice of medicine, obstetrics, pathology, chemistry, veterinary diag- 
nosis, materia medica, therapeutics, physiology, sanitary medicine- 
and meat and milk inspection, and such other branches as the board 
of veterinary examiners may prescribe. All applicants for examina- 
tion before the board of veterinary examiners who shall not possess^ 
a diploma as aforesaid, or who shall not have practiced three years- 
or more, shall accompany said application by an examination fee of 
twenty dollars ($20.00). 

§ 5. It shall be the duty of the board of veterinary examiners,, 
when called to meet by the State Board of Live Stock Commission- 



MEDICINE AND SURGERY. 279 



ers, to examine the applications, diplomas and affidavits of all appli- 
cants who are graduates or practitioners under the terms of this 
act, and when satisfied of the genuineness of the same it shall certify 
to the State Board of Live Stock Commissioners the names of the 
applicants entitled to receive a license under the terms of this act: 
Provided, that the said board of examiners may, before acting upon 
an application, if deemed necessary, require additional statements or 
affidavits or the personal attendance before it of any applicant. The 
said board of examiners shall examine all applicants for examina- 
tion as hereinbefore provided, and shall certify to the State Board of 
Live Stock Commissioners the names of all applicants that are, in 
the judgment of the board, entitled to a license to practice veterinary 
medicine and surgery. The board of live stock commissioners 
shall, at its next meeting after the receipt of such certified list or 
lists, issue a license to each person so certified which shall entitle 
the person therein named to practice veterinary medicine and sur- 
gery in this State, and the license shall state the grounds upon which 
it is granted, and shall be signed by the president and attested by 
secretary of said board: Provided, that the State Board of Live 
Stock Commissioners shall have the power, upon the recommenda- 
tion of the board of veterinary examiners, to refuse a license to any 
applicant on the ground of his having been guilty of gross immoral- 
ity or gross malpractice, and upon such recommendation it shall 
have the power to revoke a license on the said grounds : Provided, that 
before making such recommendation the party charged with such 
immorality or malpractice shall be cited by the board of veterinary 
examiners to appear for a hearing before said board. A full report 
of the proceedings of the board of veterinary examiners shall be 
filed at the close of each meeting with the board of live stock com- 
missioners, which shall include a statement of the number of days 
employed in the discharge of its duties, and of the traveling and 
necessary incidental expenses of the members thereof, and of 
the secretary. 

§ 6. Each member of the board of veterinary examiners shall be 
entitled to receive five dollars ($5.00) per day and necessary travel- 
ing and incidental expenses incurred while actually engaged in the 
discharge of his official duties under the direction of the State Board 
of Live Stock Commissioners. Said compensation and expenses and 
all expenses involved in carrying out the provisions of this act shall 
be paid out of the fees and penalties received under the provisions 
of this act, and no part thereof shall be paid from the State treasury. 
The State Board of Live Stock Commissioners shall designate a 
custodian to receive all fees and penalties paid under the provisions 
of this act, who shall execute a bond to said board in such sum as 
shall be prescribed from time to time by said board and subject to 
the approval of said board, to faithfully discharge the duties of cus- 
todian, and shall pay out such funds only on vouchers certified by a 
majority of said board and attested by its secretary. 



280 MEDICINE AND SURGERY. 



§ 7. Every person qualified as required by this act shall, upon 
receipt of license to practice, have said license recorded in the office 
of the clerk or recorder of the county in which he resides, and the 
record shall be endorsed thereon. Any person removing to another 
county shall procure an endorsement to that effect upon his license 
from the county clerk or recorder and shall record the license in like 
manner in the county to which he removes, and shall at the time of 
removal notify the secretary of the State Board of Live Stock Com- 
missioners of the fact of his removal and of his new postoffice ad- 
dress. The holder of such license shall pay to the county clerk or 
recorder the usual recording fee. Any failure, neglect or refusal on 
the part of any person holding such license to register same in the 
office of the county clerk or recorder as above directed, for a period 
of three months shall forfeit his license and no license when forfeited 
shall be restored except upon the payment to said board of live 
stock commissioners of the sum of twenty-five dollars ($25.00). as a 
penalty for such failure, neglect or refusal. 

§ 8. Any person shall be regarded as practicing veterinary 
medicine and surgery within the meaning of this act who professes 
publicly to be a veterinary surgeon, or appends to his name any 
initials or title implying qualifications to practice; but nothing in 
this act shall be construed to prohibit veterinary students from pre- 
scribing under the supervision of preceptors, nor to prohibit gratuit- 
ous services of any individual who may be called by the owner of 
live stock, and castrating male and spaying female animals shall not 
be regarded as practicing veterinary surgery. The terms of this act 
shall not apply to commissioned veterinarians in the United States 
army, or to any lawfully qualified veterinarians residing in other 
states or countries meeting registered veterinarians of this State in 
consultation. 

§ 9. All veterinary surgeons or persons practicing veterinary sur- 
gery in this State at the time this act goes into effect shall make 
application to the State Board of Live Stock Commissioners within 
six months from said date for a license to practice as herein provided. 
Any veterinary surgeon entering this State to begin the practice of 
veterinary surgery after the passage of this act shall, on entering 
upon such practice, apply to the State Board of Live Stock Commis- 
sioners and submit his credentials as herein provided, and the board 
may in its discretion, grant such applicant a temporary permit to 
practice until such time as the board of veterinary examiners shall 
be called to meet, when his application will take its. regular course as 
hereinbefore provided. 

§ 10. Any person practicing veterinary medicine and surgery in 
this State without a license as hereinbefore provided, or who shall 
fail to comply with any of the terms of this act, shall be deemed 
guilty of a misdemeanor and upon conviction shall be punished by a 
fine of not less than twenty-five dollars ($25.00), nor more than one 
hundred dollars ($100.00) for each and every offense, said misde- 
meanor to be prosecuted and costs assessed as in other cases of mis- 
demeanor under chapter 38 of the Revised Statutes of Illinois. 



MILITARY AND NAVAL CODE. 281 



§ 11. Any person filing or attempting to file as his own, the 
•diploma of another, or a forged or fictitious or a fraudulently obtained 
diploma or certificate, upon conviction, shall be subject to such fine 
and imprisonment as are made and provided by the statutes of this 
State for the crime of forgery. All fines collected under this act 
shall be paid into the county treasury of the county in which the 
prosecution is held. 

Approved April 21, 1S99. 



MILITARY AND NAVAL CODE. 



PARADING WITH ARMS. 



;; 1. Amends section 2 of article XI of the act of 1897: 

Article XL 



\ 2. Unlawful for any body of men other than State militia, United States troops. 
Grand Army posts or camps of the Sons of Veterans to parade with arms 
without the consent of the Governor — permits certain organizations to wear 
swords. 

i 2. Emergency. 

An Act to amend Section 2 of Article 11 of an act entitled, "An act 
to revise the military and naval code of the State of Illinois," ap- 
proved June 10. 1897, in force July 1, 1S97. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Asse)nbl/i: That section 2, article 11 of an, 
act entitled. "An act to revise the military and naval code of the State 
of Illinois," approved June 10. 1897, in force July 1. 1897, be amended 
to read as follows: 

Article 11, Section 2. It shall not be lawful for any body of men 
other than the regularly organized volunteer militia of this State,, 
the troops of the United States. Grand Army posts or camps of the 
Sons of Veterans, to associate themselves together as a military com- 
pany or organization, to drill or parade with arms in this State, 
except as hereinafter provided: Provided, that by and with the con- 
sent of the Governor, independent regiments, battalions or companies, 
organized for the purpose of recreation, or to acquire a military 
knowledge that may better enable them to serve the State in time of 
public peril, if such should arise, may associate themselves together 
as a military body or organization, and may drill or parade with arms 
in public in this State: Provided further, that students in educa- 
tional institutions, where military drill is part of the course of in- 
struction, may, with the consent of the Governor, drill and parade 
with arms in public under command of their military instructor: 
Provided, that nothing here contained shall be construed so as to 
prevent benevolent or social organizations from wearing swords. All 
military organizations in and by this section permitted to drill and 
parade with arms, shall, on all occasions of public parade, be required 



282 



MILITARY CODE. 



to carry the United States flag in addition to any private ensign 
which they may carry: Provided, that the consent herein specified 
may be withdrawn at the pleasure of the Governor. 

Whereas, An emergency exists, this act shall be in force from and 
after its passage. 

Approved April 24, 1899. 



MILITARY CODE. 



REVISION OF MILITARY AND NAVAL CODE. 



§ 1. Enacting clause. 

Article I. 

I 1. Who liable to military duty. 

I 2. Enrollment. 

I 3. Officers, privates, etc., exempt from 
jury duty — road labor — poll tax. etc. — 
arms, etc., exempt from execution, 
etc.— privilege from arrest. 

Article ll. 

? 1. Land forces designated "Illinois Na- 
tional Guard" — number of battalions, 
regiments and troops, etc.— naval 
force designated "Naval Militia of 
" Illinois," to consist of two ship's 
crews, etc. 

§ 2. Staff — rank — duties — adjutant gen- 
eral. 

I 3. Brigade staff. 

§ 4. Organization of regiments— officers- 
rank. 

I 5. Battalion — officer— staff — unassigned 
battalion— commissioned staff. 

I 6. Compensation— officers. 

§ 6J. Calvary regiment— officers— staff. 

1 7. Calvary — squadron — officers — staff- 

non-commissioned staff. 

2 8. Artillery battalion— officers— staff. 
? 9. Artillery battery— officers. 

I 10. Band— officers. 

I 11. Engineers— officers. 

§ 12. Signal corps— officers. 

213. Medical department — officers — hospi- 
tal corps. 

§ 14. Naval force— how commanded— staff- 
rank — officers. 



I 15. Ship's crew — commander— officers. 

5 16. Line officers. 

I 17. Organization of naval force. 

I 18. Commander of naval force. 

I 19. Uniforms of naval force. 

\ 20. Duty of naval force. 

\ 21. Inspectors and instructors in the art 
of naval warfare. 



'■>, 22. Assignment of 
structors. 



icers to duty as in- 



l 23. Examination for promotion or appoint- 
ment to office. 

\ 24. Band for naval force. 

Article III. 

? 1. Appointments— commissioned officers 
subject to the approval of Com- 
mander-in-Chief — Commander-in- 
Chief to appoint his staff and the 
erentral officers — appointment of 
non-commissioned officers— election 
of regimental officers above the rank 
of captain— term of office— election of 
company officers— term of office. 

I 2. Consolidation of companies. 

I 3. Rules and regulations of government. 

I 4. Organization, equipment, etc., to con- 
form with usages of the army and 1 
navy of the United States. 

I 5. Meetings for election of officers— Com- 
mander-in-Chief may fill vacancies. 

I 6. Examing board— duties. 

\ 7. Enlistments— term— oath. 

\ 8. Re-enlisting— no soldier or seaman not 
honorably discharged shall be re- 
enlisted nor hold commission. 

I 9. Naval officers— appointment — elections 
of. 



MILITARY CODE. 



283 



Article IV. 
I 1. Drills. 

§ 2. Annual camp duty and ship's cruise. 
I 3. Commander of camp— authority. 

Article V. 

§ 1. Rifle practice under charge of inspec- 
tor. 

§ 2. Duties of brigade, regimental and bat- 
talion inspectors. 

'& 3. Compensation of inspectors— expense 
of procuring rifle ranges, ammuni- 
tion, etc. — how paid— how drawn. 

Article VI. 

I 1. Issuing arms, etc.— bond— arms to be 

kept at armory. 
§ 2. Inspector general— duties. 
I 3. Annual inspection— expenses. 
§ 4. Commanders to report to inspector 

general. 
I 5. Inspector general's report. 
't 6. Brigade inspectors — duties. 
§ 7. Armories— penalty for false return. 
I 8. Naval armories— where situated. 

Article VII. 

I 1. Courts-martial— may try commission- 
ed officers— how constituted. 

§ 2. Courts-martial for trial of enlisted 
men — how constituted. 

§ 3. Regimental courts-martial— how con- 
stituted. 

'i 4. Jurisdiction of a general court-mar- 
tial—punishments. 

$ 5. Summary courts-martial — minor of- 
fense—punishment. 

§ 6. Findings, etc., forwarded to officer 
ordering courts martial. 

§ 7. Witnesses— fees— how paid. 

§ 8. Manner of collecting fines. 

§ 9. Keepers of county jails to receive 
military offenders— term of imprison- 
ment—final discharge. 

§ 10. Dishonorable discharge of enlisted 
men for failure to pay fine. 

§11. Disposition of fines. 

§12. Summary courts for enlisted men ap- 
pointed for ship's crew by com- 
manding officer— who may act — courts 
martial of officers— how constituted. 



13. Judge advocate. 



Article VIII. 
1. Retired list. 



Article IX. 



§ 1. Pay of officers and enlisted men when 
in actual service. 

§ 2. Pay of officers and enlisted men dur- 
ing annual encampment. 

§ 3. Pay for attending courts martial. 



Article X. 

§ 1. Governor may order military or naval 
force to the assistance of civil au- 
thorities in quelling mobs or riots. 

§ 2. To report for duty to and be under 
orders of civil authorities— powers. 

§ 3. Orders from civil authorities— report 
of to Commander-in-Chief. 

§ 4. Penalty for molesting officers or men 
while on duty. 

§ 5. Penalty for members of mob failing to- 
disperse when ordered. 

I 6. Penalty for assaulting any member or 
body of national guard or naval 
force or civil officer while in per- 
formance of duties prescribed in 
this chapter. 

§ 7. Commanding officer to take needful 
steps for safety of his command 
when attacked. 

§ 8. Prosecution of any member of national" 
guard or naval militia defended by 
Attorney General— expenses of— how 
paid. 

Article XI. 
Company not to leave State with arms. 



§ 1. 



§ 3. 



§ 5. 
I 6. 

I 7. 



Parading with arms without consent 
of the Governor prohibited— excep- 
tions. 

Penalty for violating section 2 of this 
chapter. 

Military and naval property— use of— 
penalty for selling, injuring, destroy- 
ing, etc. 

Penalty for wearing uniforms. 

Desertion— absence from drills. 

Absence from duty for over twenty- 
four hours while in service consid- 
ered desertion. 



'284 MILITARY CODE. 



An Act to revise the Military Code of the State of Illinois. 

1. Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly : That the military code of 
Illinois, and other laws bearing upon the military and naval forces 
of this State, be amended, re-enacted and consolidated so as to read 
as follows: 

THE MILITARY AND NAVAL CODE OF ILLINOIS. 

Article I. 

liability, enrollment and exemptions. 

2. § 1. All able-bodied male citizens of this State, between the 
ages of eighteen and forty-five years, except such as are expressly ex- 
empted by the laws of the United States, or are State or county offi- 
cers, or on account of their profession or employment are exempted 
by the Commander-in-Chief, shall be subject to military duty and 
designated as the Illinois State Militia. 

3. § 2. When it is necessary to execute the laws, suppress insur- 
rection or repel invasion, or to quell riots, or when a requisition shall 
be made by the president of the United States for troops or seamen, 
the Governor, as Commander-in-Chief, may, by his proclamation, re- 
quire the enrollment of the unorganized militia of the State, or such 
portion thereof as may be necessary, and he shall appoint necessary 
enrolling officers, and prescribe their duties, issuing all proper orders 
that may be required in the premises. He may designate the place 
of rendezvous, provide for the organization of the land forces of the 
militia into companies, batttalions, regiments and brigades, and the- 
naval forces into disvisions, ships' crews and squadrons, and their 
equipment, as the case may require. The unorganized militia, when 
called into active service, shall receive the same pay and allowances 
as is provided for like troops in the service of the United States. 

4. §3. Every officer, non-commissioned officer, musician, pri- 
vate or enlisted man of the Illinois National Guard and the 
naval force of Illinois shall be exempt from jury duty, from 
payment of road labor, and head or poll tax of every descrip- 
tion during the time he shall hold a commission as officer or be en- 
rolled as an enlisted man in the Illinois National Guard or the naval 
forces of Illinois; the exemption from jury duty shall continue after 
discharge for a period equal to that honorably completed in the 
national guard or naval force of Illinois. The uniforms, arms and 
equipments of ever} r member of the Illinois National Guard or naval 
force of Illinois shall be exempt from all suits, distresses, executions 
•or sales for debt or payment of taxes. The members thereof shall, in 
all cases, except treason, felony or breach of the peace, be privileged 
from arrest and imprisonment by civil authority while under orders 
in the active service of the State from the date of the issuing such 
orders to the time when such service shall cease. 



MILITARY CODE. 281 



Article II. 

ORGANIZATION. 

5. § 1. The land forces of the organized militia shall be desig- 
nated as the "Illinois National Guard,"' and shall consist of not more 
than twenty-two battalions of infantry, one battalion of artillery, one 
regiment of cavalry of eight (8) troops of forty (40) men each; a 
company of engineers; one signal corps; a medical department and 
hospital corps. 

The naval force of the organized militia shall be designated as the 
"Naval Militia of Illinois," and in time of peace shall consist of not 
more than two ships" crews or complements, four divisions consti- 
tuting a ship's crew or complement: Provided, the Commander-in- 
Chief shall have the power, in case of war. insurrection, invasion or 
imminent danger thereof, to increase the said naval force beyond 
such limit of two ships' crews or complements, and to organize the 
same as the exigencies of the case may require. The Commander-in- 
Chief may transfer, consolidate, muster-out, disband and make suck 
other changes in the organization of the Illinois National Guard and 
the naval force of Illinois, from time to time, as the best interests of 
the service may require, and shall make such brigade and regimental 
organizations as may be necessary for the land forces, and such 
squadron and ship's crew organization as may be necessary for 
the naval forces: Provided, that the number of general officers ap- 
pointed to carry out such organization shall never exceed three. 

5. § 2. The staff of the Commander-in-Chief shall consist of an 
adjutant general, with the rank of brigadier general, who shall be 
ex-officio chief of the staff, commissary general, quartermaster general 
and chief of ordnance; an inspector general, a surgeon general, a 
judge advocate general, one general inspector of rifle practice, each 
with rank of colonel: one aid from each congressional district, each 
with rank of colonel; and one assistant adjutant general, with rank 
of colonel: Provided, that no employe of the State or a county, 
while drawing his salary as such, shall receive any pay by reason of 
any service in the militia of the State. The adjutant general shall 
issue and transmit all orders of the Commander-in-Chief with refer- 
ence to the militia, military or naval organizations of the State, and 
shall keep a record of all officers commissioned by the Governor, and 
of all general and special orders and regulations, and of all such 
matters as pertain to the organization of the State militia, the 
Illinois National Guard, and the naval forces of Illinois, and perform 
the duties of an adjutant general, commissary general, quartermaster 
general and chief of ordnance. He shall have charge of the State 
arsenal, arsenal grounds, and all military camps and rifle ranges, and 
shall receive and issue all ordnance and ordnance stores, clothing, 
camp and garrison equipage, subsistence stores and all other 
public property pertaining to the military forces of the State. 
on the order of the Commander-in-Chief. He may appoint, with 
the approval of the Governor, an ordnance sergeant, at a salary 



286 MILITARY CODE. 



of not more than eight hundred dollars per annum, who 
shall, under the direction of the adjutant general, aid and 
assist him in the discharge of his duties. The adjutant general 
shall receive for his services the sum of three thousand dollars per 
annum. He shall have charge of and carefully preserve the colors, 
flags, guidons and military trophies of war belonging to the State, 
and shall not allow the same to be loaned out or removed from their 
proper place of deposit. He shall furnish, at the expense of the 
State, all proper blank books, blanks and forms, and such military 
and naval instruction books as shall be approved by the Commander- 
in-Chief. He shall also, on or before the first day of October next 
preceding the regular session of the General Assembly, make out a 
full and detailed account of all the transactions of his office, with the 
expense of the same for the preceding two years, and such other 
matters as shall be required by the Governor, and shall also report 
at such other times as the Governor may require. He shall reside 
at the State capital, and shall hold his office during the pleasure of 
the Governor. 

7. § 3. The staff of a brigade shall consist of assistant adjutant 
general, with rank of lieutenant colonel; judge advocate, with rank of 
lieutenant colonel; assistant inspector general, with rank of lieuten- 
ant colonel; inspector of rifle practice, with rank of lieutenant 

■ colonel; quartermaster, with rank of major; commissary of subsist- 
ence, with rank of major; and two (2) aids-de-camp, each with rank 
■of first lieutenant. 

8. § 4. A regiment of infantry shall consist of one colonel, one 
lieutenant colonel and regimental staff consisting of one adjutant, 
with the rank of captain, one quartermaster with rank of captain, 
one inspector of rifle practice, with the rank of captain, one chaplain, 
with rank of captain, one sergeant major, one quartermaster ser- 
geant, one ordnance sergeant, one commissary sergeant, one chief 
trumpeter, two color sergeants, one band and not less than two nor 
more than three battalions, of not less than eight nor more than 
twelve companies. 

9. § 5. A battalion of infantry shall consist of one major and a 
battalion staff consisting of one adjutant, with the rank of first 
lieutenant, one sergeant major, one quartermaster sergeant, one 
trumpeter sergeant and not less than two nor more than four com- 
panies. The commissioned staff of an unassigned battalion shall be 
the same as that of a regiment, except that the rank of its members 
shall be that of first lieutenant; the non-commissioned staff shall be 
the same as that of a regiment, with only one color sergeant. 

10. § 6. A company of infantry shall consist of one captain, one 
first lieutenant, one second lieutenant, one first sergeant, four ser- 
geants, two musicians, one artificer, one wagoner, one corporal for 
every seven privates, thirty-five privates as a minimum and eighty- 
iour privates as a maximum. 



MILITARY CODE. 287 






10-i § ^h A regiment of cavalry shall consist of one colonel, one 
lieutenant colonel, one regimental staff consisting of one adjutant, 
with rank of captain; one quartermaster, with rank of captain; one 
ordnance officer, with rank of captain; one chaplain; one veterinary 
surgeon, with rank of captain; one sergeant major; one quarter- 
master sergeant; one ordnance sergeant; one commissary sergeant; 
one color sergeant; one saddler sergeant; one farrier sergeant; one 
chief trumpeter; one band; not less than two squadrons of not more 
than eight troops. 

11. § 7. A squadron of cavalry shall consist of one major, and a 
■commissioned staff the same as that of an unassigned battalion: a 
non-commissioned staff, the same as that of an unassigned battalion, 
with the addition of one farrier sergeant, one saddler sergeant, and 
not less than two nor more than four troops. A troop shall consist 
of the same officers and number of privates as a company of infantry. 
One farrier, one blacksmith and one saddler may be appointed from 
privates. 

12. § 8. A battalion of artillery shall consist of one major and a 
•commissioned staff the same as that of an unassigned battalion, a 
non-commissioned staff the same as that of an unassigned battalion, 
or squadron of cavalry, and not less than two nor more than four 
batteries. 

VS. § 9. A battery of artillery shall consist of one captain, one 
first lieutenant and second lieutenant for each platoon, one first 
sergeant, one quartermaster sergeant, one veterinary sergeant, four 
artificers, two trumpeters: two or three platoons of two guns each with 
their caissons, with the following allowance for each gun and caisson: 
one sergeant, two corporals, six to ten cannoneers, four to eight 
drivers. 

14. § 10. A band shall consist of one chief musician, two prin- 
cipal musicians, one drum major with rank of sergeant, not less than 
twelve nor more than twenty- four privates. 

15. § 11. A company of engineers shall consist of one captain, 
three first lieutenants, six sergeants, ten corporals and seventy privates. 

16. § 12. The signal corps shall consist of one captain, three 
first lieutenants, ten sergeants, ten corporals and seventy privates. 

17. £ 13. The medical department shall consist of one surgeon 
general, with rank of colonel, as provided in section 2, article 2; 
three assistant surgeon generals, with rank of lieutenant colonel; ten 
surgeons, with the rank of major; ten assistant surgeons, with the 
rank of captain: twenty-five assistant surgeons, with the rank of first 
lieutenant. The hospital corps shall consist of fifty hospital stewards 
and one hundred privates. After five years' service the assistant 
surgeons shall be entitled to the rank of captain. 

18. § 14. The naval force of Illinois shall be commanded by an 
officer with the rank of captain, who shall have the power to appoint 
a staff, consisting of a chief of staff, with the rank of commander; a 
navigating officer, with the rank of lieutenant commander; an 



MILITARY CODE. 



ordnance and equipment officer, with the rank of lieutenant; a signal 
officer with the rank of lieutenant junior grade; a secretary to the 
captain, with the rank of lieutenant junior grade: one aide to the 
captain, with the rank of ensign; a surgeon, with the relative rank 
of lieutenant commander; a paymaster, with the relative rank of 
lieutenant commander: a chief engineer, with the relative rank of 
lieutenant commander; a chaplain, with t lie relative rank of lieu- 
tenant; There shall also be attached to the captain's staff the follow- 
ing petty officers: One master-at-arms, who shall be the chief petty 
officer of the naval force; one gunner's mate, one equipment yeoman, 
one apothecary, one ship's armorer, two torpedo electricians, four- 
machinists, one chief quartermaster, one coxswain and one chief 
bugler. 

19. § 15. Each ship's crew or complement of four divisions shall 
be commanded by an officer with the rank of commander. To each 
ship's crew or complement there shall be allowed the following addi- 
tional commissioned officers, viz.: One lieutenand [lieutenant J 
commmander, who shall be the executive officer: one lieutenant., 
who shall be the navigating and ordnance officer; one ensign, who 
shall be the aid to the commander, and a staff, to consist of one 
passed assistant surgeon, with the relative rank of lieutenant: two 
assistant surgeons, with the relative rank of lieutenant, junior grade; 
an engineer, with the relative rank of lieutenant; a passed assistant 
engineer, with the relative rank of lieutenant, junior grade: an 
assistant engineer, with the relative rank of ensign; a passed assist- 
ant paymaster, with the relative rank of lieutenant; and a chaplain, 
with the relative rank of lieutenant. There shall be allowed to each 
ship's crew or complement such number of petty officers as the Com- 
mander-in-Chief shall, from time to time, order and direct. To each 
division there shall be one lieutenant, one lieutenant of the junior 
grade, two ensigns, one bugler and thirty-five petty officers and men 
as a minimum, and one hundred petty officers and men as a maxi- 
mum. Each division shall contain at least eight men with a practi- 
cal knowledge of electricity, and eight others with a practical knowl- 
edge of the construction and management of steam machinery. 

20. § 16. Chiefs of staff, executive officers, navigating and ord- 
nance officers, signal officers and aides-de-camp shall not be deemed 
to be staff officers, but shall be line officers, and as such entitled to 
assume command. Navigating and ordnance officers shall have rank 
and precedence without regard to date of commission over all of the 
same grade. Acting executive and navigation and ordnance officers 
shall be entitled to the same rank and precedence while so acting as 
officers regularly commissioned as such. 

21. § 17. The organization of the naval force shall conform gen- 
erally to the provisions of the laws of the United States and the 
system of discipline and exercise shall conform, as nearly as may be, 
to that of the navy of the United States, or as otherwise directed by 
the Commander-in-Chief. The Governor shall have the power to 
alter, divide, annex, consolidate or disband the same whenever, in 
his judgment, the efficiency of the forces will thereby be increased. 



MILITARY CODE. 289 



22. § IS. Whenever the naval force of the State or any part 
thereof shall be in the field or afloat upon actual service the senior 
officer of the force present shall command the same, and whenever 
operating or acting in conjunction with the land forces of the State 
the senior officers present, according to relative rank of either force, 
shall command the whole, unless otherwise specially ordered or di- 
rected by the Commander-in-Chief. But no officer of the staff shall 
be entitled by virtue of his rank to assume command when officers of 
the line are present and capable of assuming command, unless ex- 
pressly authorized so to do by law or by the terms of his commission 
where an officer of similar rank and position in the United States 
naval service would not be entitled to assume command unless by 
express direction of the Commander-in-Chief. 

23. § 19. The uniform of the naval force shall conform to the 
regulations in force for the navy of the United States, subject to such 
changes as the Commander-in-Chief may approve. 

24. § 20. The duty of the naval force required by law, or any 
part of it, may be performed afloat in United States vessels. Officers 
and men of the naval force, mustered temporarily into the service of 
the United States for instruction and drill, and receiving compen- 
sation therefor from the United States shall not, during the same 
time, be entitled to compensation or allowance from the State. 

25. § 21. The Governor is authorized to apply to the President 
of the United States for the detail of commissioned and petty officers 
of the navy to act as inspectors and instructors in the art of naval 
warfare. 

20. § 22. The Commander-in-Chief shall have the power to assign 
any officer, warrant or petty officer, or seaman of the United States 
navy, detailed for or assigned to duty with the naval force as in- 
structors or otherwise, to such duties as he may deem proper and 
suitable, and shall have power to confer on any such officer, warrant 
or petty officer, or seaman, such rank in the naval service of the State 
during such detail or assignment as he may deem best. 

27. S 23, The captain commanding the naval force may pre- 
scribe such examination for promotion or appointment to any war- 
rant or petty office on the captain's staff as he may deem proper, and 
may detail officers to conduct such examination. Officers command- 
ing ships' crews or complements shall have the same power with re- 
gard to chief petty officers of the ship's crew or complement and 
petty officers of divisions. 

28. i? 21. In addition to ships' buglers and division buglers, 
there shall be allowed to the naval force, as soon as two ships' crews 
or complements shall have been fully equipped and established, a 
band of not to exceed twenty-four musicians, who shall be under the 
direct command and supervision of the captain, and shall be carried 
on the captain's muster rolls as attached to his staff. 

—19 



290 MILITARY CODE. 



Article III. 

APPOINTMENTS — ELECTIONS. 

29. § 1. The appointment and commission of all commissioned 
officers shall be subject to the approval of the Commander-in-Chief. 
He shall appoint and commission the members of his staff, who will 
hold office during his pleasure. He shall appoint and commission 
the general officers, who shall hold their offices until removed for 
cause, resignation or retirement. All staff officers shall be appointed 
and commissioned by the Commander-in-Chief, upon the recommenda- 
tion of their immediate commanders, which commissions shall expire 
when the nominating officers or their successors shall make nomina- 
tions for their respective offices, and such nominations shall be con- 
firmed by the Commander-in-Chief. Non-commissioned staff officers 
of regiments or independent battalions of infantry, squadron of cav- 
alry and battalion of artillery of the national guard shall be ap- 
pointed by warrant by commanders of regiments or battalions of 
squadron, as the case may be. Regimental officers above the rank 
of captain shall be elected by the line officers of the regiment, and, 
when confirmed by the Commander-in-Chief, shall hold their office for 
five years. Company officers shall be elected by the members of 
their companies, and, when confirmed by the Commander-in-Chief, 
shall hold office for three years. All non-commissioned officers of 
companies, on recommendation of their captain, shall be appointed 
by warrant by the commander of the regiment, unassigned battalion, 
squadron of cavalry or battalion of artillery. The assistant surgeon 
generals shall be recommended for appointment by the surgeon gen- 
eral and by him assigned to the staff of general officers: Provided. 
that such assignment is first approved by the general officer with 
whom such assistant surgeon general is to serve; the remaining offi- 
cers of this department, upon the recommendation of regimental, 
unassigned battalion, squadron or battalion commanders and the sur- 
geon general. They will be assigned among the regiments wherever 
needed. The officers of this department shall hold their offices for 
the term of five years. 

30. § 2. Whenever any company of the Illinois National Gruard 
shall be reduced to a number of less than the minimum herein pro- 
vided uniformed and active members, to be ascertained by an inspec- 
tion, it may be disbanded or consolidated with another company by 
the Commander-in-Chief. 

31. § 3. The Commander-in-Chief is hereby authorized to make 
rules and regulations for the government of the military and naval 
forces of this State, but such rules and regulations shall conform to 
the laws of this State, and as nearly as practicable to the regulations 
for the army and navy of the United States. 

32. § 4. The organization, equipment, discipline and govern- 
ment of the Illinois National Guard and of the naval force of Illinois, 
not otherwise provided for in this act or in general regulations, shall 
conform to the regulations, customs and usages of the army and navy 
of the United States. 



MILITARY CODE. 291 



33. § 5. All meetings for the election of officers shall be ordered 
"by the Commander-in-Chief. The order therefor shall be addressed 
to an officer of the Illinois National Guard or the naval force of 
the State to preside at such meeting, who shall, at least one week 
previous thereto, send a notice thereof by mail or otherwise to 
each person entitled to vote thereat. The voting shall be by ballot, 
and a majority of all votes cast shall be necessary to elect, and the 
result thereof shall be forthwith returned by the officer presiding, 
through rnilitar} r channels to the adjutant general, who shall, when 
such election is confirmed by the Commander-in-Chief, issue the pro- 
per commissions. If there shall be a failure to elect any officer at 
two meetings ordered therefor, the Commander-in-Chief may fill the 
vacancy by direct appointment. If the officers designated to preside 
at such meeting shall not appear thereat, the senior officer present 
shall preside. 

34. § 6. An examining board of three or more competent officers 
appointed by the Commander-in-Chief shall convene at such times 
and places as he shall direct, and examine in military tactics all com- 
missioned officers below the rank of brigadier general who shall be 
ordered before it. 

The Commander-in-Chief shall give at least one week's notice to 
all such officers to appear thereat. Said board shall in twenty days 
after such examination, make a detailed report of its result to the 
Commander-in-Chief, who may revoke appointments of all officers 
failing to pass an examination satisfactory to said board. If any 
officer shall fail to appear for examination on receiving proper notice, 
he may be allowed an opportunity for an examination at the next 
session of the board, if he shall give a satisfactory excuse for his 
absence: Provided, that no officer who has passed a satisfactory ex- 
amination shall be re-examined. 

35. § 7. Enlistments therein shall be for three years, re-enlist- 
ments after three years' service, for one or more years, and will be 
made by signing enlistment papers prescribed by the adjutant gen- 
eral, and b} T taking the following oath or affirmation, which may be 
administered by any commissioned officer, to- wit: 

"You do solemnly swear (or affirm) that you will bear true allegi- 
ance to the United States and the State of Illinois, that you will 
support the constitution thereof; that you will serve the State of 
Illinois faithfully in its military service for the term of three years, 
unless sooner discharged, or you cease to be a citizen thereof; that 
you will obey the orders of the Commander-in-Chief, and such officers 
as may be placed over you and the laws governing the military forces 
of the State of Illinois, so help you God." 

36. § 8. Any soldier or seaman who shall not receive an hon- 
orable discharge shall not be re-enlisted, nor shall he hold a com- 

i mission in the military or naval service of the State until his 
• disabilitv shall be removed. 



292 MILITARY CODE. 



37. § 9. The captain commanding the naval force shall be ap- 
pointed by the Commander-in-Chief. Commanders, lieutenant com- 
manders, lieutenants to act as navigators and aids to the commander, 
shall be chosen by the commissioned officers of their respective ship's • 
crew or complements; lieutenants, lieutenants of the junior grade 
and ensigns shall be chosen by the officers and enlisted men of their- 
respective divisions. 

Petty officers shall be nominated, appointed and examined, and if 
found qualified, warranted in like manner as non-commissioned 
officers in the national guard. The time and place of holding elec- 
tions and the confirmation and commissioning of officers appointed. 
or elected shall be the same as prescribed for the Illinois National. 
Guard. 



Article IV 



PARADES AND ENCAMPMENTS. 



38. § 1. The commanding officer of each regiment, battalion, . 
compnay, troop or battery of the national guard, or ship's crew or- 
division of the naval force, may order weekly evening drills. 

39. § 2. The Commander-in-Chief may order a tour of camp duty 
for tl e national guard, or cruise for ship's crews of the naval force, 
of not less than six nor more than ten days annually. 

40. § 3. The commanding officer of any encampment or parade 
may cause those under his command to perform any field or camp 
duty he shall require, and may put under arrest, during such encamp- 
ment or parade, any member of his command who shall disobey a 
superior officer or be guilty of disorderly or unmilitary conduct, and 
any other person who shall trespass on the parade or encampment 
ground, or in any way interrupt or molest the orderly discharge of 
duty by the members of his command, and he may prohibit the sale 
of all spirituous or malt liquors within one mile of such encamp- 
ment, and enforce such prohibition by force, if necessary : Provided,. 
however, that nothing herein contained shall be construed to inter- 
fere with the regular business of an}^ liquor dealer whose place of 
business shall be situated within said limits before the commence- 
ment of said encampment. 

Article V. 

RIFLE PRACTICE. 

41. § 1. The general inspector of rifle practice shall have charge 
of rifle practice throughout the State, and shall superintend the 
manner in which the same shall be conducted,. under the orders of 
the Commander-in-Chief. 

42. § 2. The brigade, regimental and battalion inspectors of 
rifle practice shall perform such duties as may from time to time be- 
prescribed by the general inspector of rifle practice. 



MILITARY CODE. 293 



43. § 3. Such inspectors of rifle practice shall be paid as herein- 
after prescribed the same as for camp duty, subject to the approval 

-of the Commander-in-Chief. The expense of procuring and main- 
taining proper rifle ranges, procuring ammunition and all other 
things deemed proper for the promotion of rifle practice by the Illi- 
nois National Guard, shall be paid for from the military fund, on 
bills of particulars drawn by the adjutant general and approved by 
the Commander-in-Chief. 

Article VI. 

ARMS AND ARMORIES. 

44. § 1. Upon the muster in of any new organization in the 
Illinois National Guard, or any ship's crew, or division of the naval 
force of Illinois, on the requistion of its commanding officer and the 
approval of the Governor, the adjutant general shall issue all nec- 
essary clothing, equipage, ordnance stores and all other public prop- 
erty: Provided, however, that when any clothing, equipage, ord- 
nance stores, arms or munitions are delivered to any commander, he 
shall execute and deliver to the adjutant general a bond, payable 
to the People of the State of Illinois, in a sufficient amount and 
with sufficient security, to be approved by the Governor, conditioned 
for the proper use of such clothing, equipage, ordnance stores, arms and 
munitions, and the return of the same, when requested by the proper 
officer, in good order, wear, use and unavoidable loss and damage 
excepted. All such clothing, equipage, ordnance stores, arms and 
munitions shall be kept at the company, regimental, division or 
ship's crew armory, and same shall not be removed therefrom for 
any purpose whatever, except for regular drills or when authorized 
by the Commander-in-Chief. 

45. § 2. The inspector general shall critically inspect, whenever 
directed by the Commander-in-Chief, every branch connected with 
[the] military service, including armories, arsenals and military 
storehouses; and he shall report to the adjutant general the im- 
provement in discipline and tactical instruction of the Illinois 
National Guard and the naval force of Illinois. 

46. § 3. The entire Illinois National Guard and the naval force 
of Illinois, and all armories, ordnance stores and camp equipage 
belonging to the State, shall be inspected at least once in each year, 
whenever practicable, under such rules and regulations as may be 
provided by the inspector general, with the approval of the Com- 
mander-in-Chief, and all necessary traveling expenses incurred there- 
in shall be paid on requisition, in the same manner as hereinafter 
provided for. 

47. § 4. Commanders of regiments, battalions, troops, batteries 
or separate companies shall furnish to the inspector general such 
information as he may require as to the number and kind of arms, 
equipments and military property of the State issued to their respect- 
ive regiments, battalions, troops, batteries or separate companies; 



294 MILITARY CODE. 



and at the inspection of any armory, arsenal or military storehouse,, 
if the inspector general finds the property which ought to be kept 
therein, or any part of it, missing, injured or unfit for use, or de- 
ficient in any respect, he shall forthwith report the facts in respect 
thereto to the adjutant general. 

48. § 5. In his annual report, the inspector general shall state 
what general and field officers have been in command of rjarades and 
encampments, what changes of general and field officers have been 
made, and what degree of improvement has been attained by both 
officers and men, and whether the general regulations have been ob- 
served, together with such other suggestions as he may see fit to 
make. 

49. § 6. The brigade inspectors, whenever required by the in- 
spector general, shall report to him the condition of their respective 
brigades, and shall also, upon his request, report to him upon any 
matter properly belonging to his department which may require ex- 
amination, within their respective brigades. All such reports shall 
be addressed to the inspector general, but shall be forwarded through 
brigade commanders. 

50. § 7. The armory of each regiment, battalion, company, 
shixo's crew or division shall be subject to the order of the adjutant 
general, be under the charge of its commanding officer, who shall 
keep therein all property furnished by the State; and no company 
or division shall be furnished with arms or equipments until a suit- 
able armory shall be provided for their deposit; nor shall such arms 
be loaned or taken from such armories by individual members of the 
companies. Any officer, non-commissioned officer or private of the 
Illinois National Guard or the naval force of Illinois, knowingly 
making any false certificate, or false returns of State propert}^ in his 
hands, or neglecting or refusing to apply all money drawn from the 
State Treasurer for the purpose named in the requisition therefor, 
shall be deemed guilty of embezzlement, and shall be punished in 
the manner as provided for that offense in the criminal code of this 
State. 

51. § 8. Armories of the naval force shall be situated immedi- 
ately on or near navigable waters of the State in such position as best 
to promote the efficiency of the service. The word "armory." as used 
in this section and in any part of this act when applied to the naval 
force, shall be held to include a vessel, boat house or dock used as an 
armory for the purpose of instruction, drill and defense. 

Article VII. 

COURTS-MARTIAL. 

52. § 1. General courts-martial for the trial of commissioned 
officers shall be ordered by the Commander-in-Chief and shall consist 
of seven officers, a majority of whom shall constitute a quorum. 



MILITARY CODE. 295 



53. § 2. General courts-martial for the trial of enlisted men 
shall be ordered by the Commander-in-Chief and shall consist of five 
officers, any three of whom shall constitute a quorum. 

54. § 3. The commanding officer of a brigade, regiment, unas- 
signed battalion or troops in active service may appoint a summary 
court, to consist of one commissioned officer of his command for the 
trial of enlisted men. 

55. § 4. A general court martial" shall have jurisdiction to try 
all offenses against the military law, breaches of order or discipline, 
or neglect of duty. On conviction of any such offenses the court 
may impose one or more of the following punishments: Cashiering 
and dismissal of officers, reduction of non-commissioned officers to 
the ranks, reprimand, dishonorable discharge, fine not exceeding one 
hundred dollars, and, in default of payment, imprisonment in the 
county jail not exceeding thirty days. 

56. § 5. A summary court-martial shall have jurisdiction to try 
minor offenses against military discipline, and upon conviction the 
court may impose one or more of the following punishments: Rep- 
rimand, forfeiture of whole or part of pay and a fine not exceeding 
five dollars, or, in default of payment after approval, imprisonment 
not exceeding three days. 

57. § 6. All proceedings of courts-martial shall be forwarded to 
and receive approval of the officer ordering the same before the sen- 
tence can go into effect, and such officer may remit, mitigate or com- 
mute such sentence. 

.58. § 7. Witnesses for the prosecution or defense may be sum- 
moned to attend by subpoena signed by the judge advocate. Any 
witness, duly summoned, who shall fail to appear and testify may be 
by warrant of the president of the court, directed to the sheriff or 
any constable, arrested and treated as in like cases before civil 
courts. The fees of all witnesses shall be the same as allowed in 
civil cases, to be taxed with the necessary expenses of the judge advo- 
cate and the court, by the president thereof. The Auditor of Pub- 
lic Accounts is hereby authorized and directed to issue his warrant 
on the State Treasurer for the payment of the above fees and ex- 
penses, the same to be certified to by the adjutant general and ap- 
proved by the Governor. All such sums so certified and approved 
shall be payable from the appropriation made for ordinary and con- 
tingent expenses of the Illinois National Guard. The warrant shall 
be made payable to the judge advocate, who shall pa}- all the ex- 
penses of the trial when received by him. 

59. § 8. It shall be the duty of the president of any general 
court-martial or summary court, after the sentence of such court- 
martial shall have been duly approved, to issue his warrant 
for the collection of all fines imposed by such court-martial, 
directed to the sheriff or any constable of the county wherein 
the person against whom such is imposed resides, and such officer 
shall collect all such fines in the same manner as he is author- 



296 MILITARY CODE. 



ized to collect debts in civil suits, and he shall make return 
within twenty days after receiving the same to the officer issuing such 
warrant. In default of the payment of any such fine, or if the officer 
executing such warrant shall certify that there is no property of the 
defendant out of which to satisfy such warrant, then the officer issu- 
ing such warrant shall issue his warrant of commitment, directed to 
such sheriff or constable, who shall forthwith take the body of such 
delinquent and convey him to the common jail of such county and 
make return thereof to such court. 

60. § 9. It shall be the duty of the keepers and wardens of all 
county jails to receive and confine all military offenders when deliv- 
ered by such sheriff or constable under proper warrant of commit- 
ment for and during the term of sentence set forth in such commit- 
ment.' No such imprisonment shall exceed a period of thirty days, 
and the officer ordering the court that imposed such fine may liberate 
such prisoner at any time. 

61. § 10. Enlisted men fined by a military court who shall neg- 
lect or refuse to pay such fine within forty days after the same has 
been imposed may be dishonorably discharged from the service. 

62. § 11. All fines levied and collected under the provisions of 
this article shall be paid to the Treasurer of the State, who shall 
credit the same to the military fund of the State. 

63. § 12. Summary courts for enlisted men shall be appointed 
by the commanding officer of each ship's crew or complement for his 
command. Any officer of the naval force or a judge advocate of the 
national guard may be assigned to act as a judge advocate of a gen- 
eral court martial or a court of inquiry. General courts-martial, 
courts of inquiry and delinquent courts of officers may be wholly or 
partly composed of officers junior in rank to the officer to be tried or 
investigated where, in the judgment of the Commander-in-Chief, the 
interests of the service so requires. 

64. § 13. Whenever there is no judge advocate available for duty 
with courts-martial, then the Commander-in-Chief may, in his discre- 
tion, designate an officer of the Illinois National Guard to act as such 



for the time being. 



Article VIII. 

RETIRED LIST. 



65. § 1. Any commissioned officer who shall have served for the 
period of ten years may, upon his own request, be placed upon the 
retired list and withdrawn from active service and command, and the 
vacancy thereby created shall be filled in the same manner as other 
vacancies. 

Article IX. 

PAY AND ALLOWANCES. 

66. § 1. When in actual service for the suppression of riot and 
the enforcement of the laws, and when on duty under orders of the 



MILITARY CODE. 297 



'Commander-in-Chief, and it is so specified in said orders, offi- 
cers of the Illinois National Guard and of the naval force of 
Illinois shall receive the same pay as provided by lav for 
officers of the United States army and navy of like grade, 
and the enlisted men of the Illinois National Guard and of the naval 
force of Illinois shall receive two dollars (S2.00) per day for each day's 
service actually so performed, said payment to be made on rolls pre- 
scribed by the adjutant general. 

67. § 2. The officers shall receive one-half the pay provided by 
law for officers of like grade in the army and navy of the United 
States without increase of service pay, and enlisted men shall receive 
one (1.00) dollar for each day's service, with transportation and 
necessary subsistence at any encampment or cruise authorized by 
law, and in going to and returning from the same, and while under 
orders of the Commander-in-Chief or other proper authority, for the 
purposes and in the manner herein provided: Provided, nothing in 
this act shall be construed as to allow pay to officers or men for more 
than ten days during any one year, except during a time of riot, 
insurrection or invasion, or while on duty under orders from the 
Commander-in-Chief. 

6.*?. § 3. For each day's duty, when under orders from the 
Commander-in-Chief, or as a witness or a defendant under summons 
from the president or judge advocate of a court-martial, officers and 
men shall be paid as hereinbefore provided in section 2 of this 
.article. 

Article X. 

MOBS AND RIOTS. 

69. § 1. Whenever there is in any city, town or county a tumult, 
Tiot, mob or body of men acting together by force with attempt to 
■•commit a felony, or to offer violence to persons or property, or by 
force or violence to break or resist the laws of the State, or when such 
tumult, riot or mob is threatened, and the fact is made to appear to 
the Governor, it shall be his duty to order such military or naval 
force, as he may deem necessary, to aid the civil authorities in 
suppressing such violence and executing the law. 

70. § 2. Whenever the military or naval force shall be ordered 
out by the Governor on any application of a civil officer as aforesaid, 
or otherwise, they shall report to such civil officer as the Governor 
shall designate, and shall act in strict subordination to such civil 
authority in preserving peace, quelling riots or executing the law, 
and may arrest any person or persons on view without process, and 
hold them in custody until, by order of the Commander-in Chief, such 
person or persons shall be discharged from custody or delivered over 
to the civil authorities; and whenever necessary to suppress riot, 
disperse the mob, restore the peace and execute law may use such 
force as may be necessary. 



298 • MILITARY CODE. 



71. § 3. All orders from civil officers to military or naval com- 
manders shall contain only the specific act to be performed by the- 
military or naval officer. The manner of performing the said act 
shall be left to the discretion of the military or naval officer. Military 
or naval commanders shall transmit a copy of such orders at once- 
through channels to the Commander-in-Chief. 

72. § 4. If any person shall molest, interrupt or insult by abusive 
words or behavior, or shall obstruct any officer or soldier or seaman 
while on duty or at any parade or drill, he may be put immediately 
under guard, and kept, at the discretion of the commanding officer, 
until the duty, parade or drill is concluded, and such commanding 
officer may turn over such person to any sheriff, or to a police officer 
or constable of a county, city or town wherein such duty, parade or 
drill is held, to be dealt with as the law directs. 

73. § 5. Any person or persons composing or taking part in any 
riot, rout, tumult, mob or lawless combination or assemblage, who,. 
after being commanded by a civil officer, if one is present, or by a 
military officer if no civil officer is present, to disperse, wilfully and 
intentionally fails to do so, shall be guilty of a misdemeanor, and 
shall, on conviction, be fined in any sum not exceeding five hundred 
(500) dollars,. or imprisoned in the county jail not exceeding one 
year, or by both such fine and imprisonment. 

74. § 6. It shall be unlawful for any person to assault, or fire 
upon, throw any missile at, against or upon any member or body of 
the national guard or naval force, or civil officer [or] other person 
lawfully aiding them, when going to, returning from, or assembled 
for performing any duty under the provisions of this chapter; and 
any person so offending shall be guilty of a felony, and .must on con- 
viction be imprisoned in the penitentiary for not less than two years 
nor more than five years. 

75. § 7. If any portion of the national guard or naval force, or 
person lawfully aiding them in the performance of any duty, under 
the provisions of this chapter, are assaulted, attacked, or in imminent 
danger thereof, the commanding officer of such national guard or 
naval force may at once proceed to quell such attack and disperse 
the attacking parties, and take all other needful steps for the safety 
of his command. 

76. § 8. If any member of the national guard or naval force 
shall be prosecuted by civil or criminal action for any act performed 
by such member while in the performance of his military duty and 
in pursuance thereof, the action against such member shall be de- 
fended by the Attorney General. The Auditor of Public Accounts 
is hereby authorized and directed to issue his warrant on the State 
Treasurer for the payment of the costs and expenses of such defense^ 
the same to be certified to by the adjutant general and approved by 
the Governor and Attorney General. All such sums so certified and 
approved shall be payable from the appropriation made for the ordi- 
nary and contingent expenses of the Illinois National Guard. 



MILITARY CODE. 299 



Article XI. 



GENERAL PROVISIONS. 



77. § 1. No military company or division of the naval force 
shall leave the State with arms and equipments without the consent 
of the Commander-in-Chief. 

78. § 2. It shall not be lawful for any body of men whatever, 
other than the regular organized volunteer militia of this State, the 
troops of the United States, Grand Army Posts, Sons of Veterans 
and students in educational institutions, where military drill is a part 
of the course of instruction, to associate themselves together as a 
military company or organization or to drill or parade with arms in 
this State, except that permission may be granted by the Governor 
of the State to other infantry, cavalry and artillery organizations to 
drill and parade in public; Provided, that nothing herein contained 
shall be so construed as to prevent benevolent or social organizations 
from wearing swords. 

79. § 3. Whoever offends against the provisions of the preced- 
ing section, or belongs to or parades with any such unauthorized 
body of men with arms, shall be punished by a fine not exceeding 
the sum of ten dollars ($10.00), or by imprisonment in the common 
jail for a term not exceeding six months, or both. 

80. § 4. All military and naval property issued by the State shall 
be used only in the discharge of military duty, and any non-commis- 
sioned officer or enlisted man who shall wilfully and wantonly injure 
or destroy, secrete, sell or attempt to sell, retain after proper demand 
made, or in any manner pawn or pledge any such military property, 
shall be tried by court-martial, and upon conviction shall be sen- 
tenced to pay a line of not exceeding one hundred dollars, and in 
default of the payment of such fine may be imprisoned in the county 
jail not exceeding thirty days. 

81. § 5. Any person not a member of the national guard, the 
Army of the United States, the Grand Army of the Republic, or the 
Sons of Veterans or naval force, who shall wear any uniform or des- 
ignation of rank in use by the national guard and naval force issued 
or authorized in this act shall forfeit to the People of the State one 
hundred dollars. 

82. § 6. If a soldier or seaman, in time of peace, habitually ab- 
sents himself for the space of four months from all drills or parades 
of his company, he may be considered a deserter, and shall be re- 
ported to the adjutant general through the regular military channels. 

83. § 7. If a soldier or seaman on duty by order of the proper 
authority for the suppression of insurrection, preservation of the 
peace, or similar duty, wilfully absents himself from his company for 
more than twenty-four hours, he may be considered a deserter. 

Approved April 24, 1899. 



300 



MINES AND MINING. 



MINES AND MINING. 



COAL MINES. 



REVISION' OF LAW RELATING TO COAL MINES. 



'% 1. (a) Maps or plans of mines — (b) sur- 
face survey— (c) underground sur- 
vey — (d) for every seam— (e) separate 
map for surface— (f) dip— (g) copies 
for inspectors and recorders— (h) 
annual surveys— (i) abandoned mines 
(j) special survey— (k) penalty for 
failure. 

* 2. Main shaft— (a) sinking', subject to in- 
spection— (b) passageway around the 
bottom— (c) gates at top— (d) general 
equipment. 

'i 3. Escapement shaft— (a) two places of 
egress — (b) unlawful to employ more 
than ten men until escapement shaft 
is completed — (c) passageways to es- 
capement— (d) distance from main 
shaft— (e) buildings on surface be- 
tween shafts— (f) equipment— (g) ob- 
structions in— (h) inspection of — (i) 
communication with adjacent mine- 
unlawful to close. 

'i i. Engine and boiler house— location— fire- 
proof— equipment. 

§ 5. Powder to be stored in fire-proof build- 
ing. 

t. 6. State Mining Board — appointment — 
duty — term — supplies — meetings- 
rules for examination. 

t. 7. (a) Examination— inspectors— (b)names 
certified to Governor — (c) appoint- 
ment — (d) examination of mine mana- 
gers — (e) hoisting engineers — (f)mine 
managers. 

§ 8. (a) Certificates issued by board— con- 
tents— (b) registeriof— (c) effect of— 
(d) foreign — (e)Iunlawful to employ 
any but certificated miners— (f) hoist- 
ing engineers'forl(g) mine examiners 
— exceptions — mine managers to act 
as mine examiner— mine manager's 
certificate exchanged for mine ex- 
aminer's certificate— (h) cancellation 
of certificates. 

■'& 9- Fees for examination and certificates. 

? 10. Compensation of board— secretary's 
salary— how drawn. 



§ 11. (a) Division of State into inspection 
districts — (b) changes may be made 
in boundaries of districts— new dis- 
tricts. 

I 12. Inspectors— (a)bonds— (b)instruments 
to be furnished by State — (c) duties 
(d) authority to enter mines — (e) pro- 
cedure in case of objections — (f) no- 
tices to be posted— (g) ex-officio 
seaier of weights — (h) State to fur- 
nish testing weights — (i) annual re- 
ports — (j) publication of reports — 
supplies furnished by Secretary of 
State— employers of labor to assist in 
procuring statistics for publication — 
penalty for failure. 

§ 13. Compensation for inspectors — how 
drawn. 

§ 14. Removal of inspectors— petition for — 
hearing. 

I 15. Counties to appoint county inspectors 
as assistants — duties — must hold 
State certificate— compensation. 

I 16. Mine managers' duties. 
I 17. Hoisting engineers' duties. 
§ 18. Mine managers' duties. 

§ 19. Ventilation— (a) amount of air to be 
kept in circulation — (b) measure- 
ments— (i) inspector may order men 
out of mine when air is insufficient. 

I 20. Powder or explosives — (a) prohibits 
storing in mines — amount allowed 
each man — care of while in mines— 
—(b) manner of handling— (c) none 
but copper tools to be used in charg- 
ing— (d) use of squibs— (e) exploding 
blasts— (f) missed shots— (g) sprink- 
ling dusty mines. 

§ 21. Places of refuge to be cut in side walls 
— size — distance apart — storing mate- 
rial in prohibited. 

§ 22. Children and females prohibited from 
working. 

§ 23. Hoisting signals. 



MINES AND MINING. 



301 



Weighing: and weighinen — (a) opera- 
tors to furnish scales— (b) duties and 
oaths of weighruen— (c) check weigh- 
men permitted — paid by miners — 
duties. 

Boundaries — ten-foot limit— approach- 
ing old works. 

Notice to inspectors of accidents — 
sinking shafts— abandoning mines, 
etc. 

Accidents— (a) duties of inspectors — 
operator to keep record of on blanks 
furnished by inspectors — (b) coro- 
ners' inquest— (c) inspector to inves- 
tigate cause of accident. 

Men on cages— (a) top and bottom man 
(b) lights on landings — (c) speed of 
cages — tools and timber prohibited 
on except for repairs— (d) right of 
way for men to come out. 

An Act to revise the laws in relation to coal mines and subjects 
relating thereto, and providing for the health and safety of per- 
sons employed therein. 

Section 1. Be it enacted by the People of the State of Illinois,. 
represented in the General Assembly : 



§24. 

§25. 

I 26. 

§27. 
§28. 



§ 29. Safety lamps — (a) operator to furnish- 
in case of fire damp— (b) care of. 

§ 30. Operator to have on hand blankets^ 
stretchers and bandages for use in 
case of accidents. 

'i 31. Caution to miners— unlawful to injure 
shaft, safety lamp, instruments, etc. 

§ 32. Operators to post rules not inconsist- 
ent with this act. 

I 33. Penalty for violation of any of the- 
provisions of this act. 

§ 34. Defines terms — (a) mine, coal mine — 
(b) excavations or workings — (c) 
shaft— (d) slope or drift— (e) opera- 
tor— (f) inspector — (g) mine manager 
—(h) mine examiner. 



MAPS OR PLANS OP MINES. 

Section 1. Maps Necessaey.] (a) That the operator of every coal 
mine in this State, shall make, or cause to be made, an accurate map or 
plan of such mine, drawn to a scale not smaller than two hundred feet 
to the inch, and as much larger as practicable, on which shall appear the 
name of the state, county and township in which the mine is located, 
the designation of the mine, the name of the company or owner, the 
certificate of the mining engineer or surveyor as to the accuracy and. 
date of the survey, the north point and the scale to which the draw- 
ing is made. 

Sueface Suevey.] (b) Every such map or plan shall correctly show 
the surface boundary lines of the coal-rights pertaining to each mine, 
and all section or quarter-section lines or corners within the same; 
the lines of towm lots and streets; the tracks and side-tracks of all 
railroads, and the location of all wagon roads, rivers, streams, ponds, 
buildings, landmarks and principal objects on the surface. 

Undeegbound Suevey.] (c) For the underground workings said 
maps shall show all shafts, slopes, tunnels or other openings to the 
surface or to the workings of a contiguous mine; all excavations, 
entries, rooms and crosscuts; the location of the fan or furnace and 
the direction of the air currents; the location of pumps, hauling 
engines, engine planes, abandoned works, fire walls and standing 
water; and the boundary line of any surface outcrop of the seam. 

Map poe Eveey Seam.] (d) A separate and similar map, drawn to 
the same scale in all cases, shall be made of each and every seam,. 



802 MINES AND MINING. 



which, after the passage of this act, shall be worked in any mine, 
and the maps of all such seams shall show all shafts, inclined planes, 
or other passageways connecting the same. 

Separate Map for the Surface. ] ( e) A separate map shall also be 
made of the surface whenever the surface buildings, lines or objects 
are so numerous as to obscure the details of the mine workings if 
drawn upon the same sheet with them, and in such case the surface 
map shall be drawn on transparent cloth or paper, so that it can be 
laid upon the map of the underground workings, and thus truly 
indicate the local relation of lines and objects on the surface to the 
excavations of the mine. 

Tie Dip.] (/) Each map shall also show by profile drawing and 
measurements, in feet and decimals thereof, the rise and dip of the 
seam from the bottom of the shaft in either direction to the face of 
the workings. 

Copies for Inspectors and Recorders.] (g) The originals or true 
copies of all such maps shall be kept in the office at the mine, and 
true copies thereof shall also be furnished to the State Inspector of 
Mines for the district in which said mine is located, and shall be 
filed in the office of the recorder of the county in which the mine is 
located, within thirty days after the completion of the same. The 
maps so delivered to the inspector shall be the property of the State 
and shall remain in the custody of said inspector during his term of 
office, and be delivered by him to his successor in office; they shall 
be kept at the office of the inspector and be open to the examination 
of ail persons interested in the same, but such examination shall 
only be made in the presence of the inspector, and he shall not per- 
mit any copies of the same to be made without the written consent 
of the operator or the owner of the property. 

Annual Surveys. 1 (h) An extension of the last preceding survey 
of every mine in active operation shall be made once in every twelve 
months prior to July 1, of every year, and the results of said survey, 
with the date thereof, shall be promptly and accurately entered upon 
the original maps and all copies of the same, so as to show all 
changes in plan or new work in the mine, and all extensions of the 
old workings to the most advanced face or boundary of said workings, 
which have been made since the last preceding survey. The said 
changes and extensions shall be entered upon the copies of the maps 
in the hands of the said inspector and recorder, within thirty days 
after the last survey is made. 

Abandoned Mines.] (i) When any coal mine is worked out or is 
about to be abandoned or indefinitely closed, the operator of the 
same shall make or cause to be made a final survey of all parts of 
such mine, and the results of the same shall be duly extended on all 
maps of the mine and copies thereof, so as to show all excavations 
and the most advanced workings of the mine, and their exact relation 
to the boundary or section lines on the surface. 

Special Survey.] (j) The State Inspector of Mines may order a 
survey to be made of the workings of any mine, and the results to 
be extended on the maps of the same and the copies thereof, when- 



MINES AND MINING. 303 



ever, in his judgment, the safety of the workmen, the support of the 
surface, the conservation of the property or the safety of an adjoin- 
ing mine requires it. 

Penalty for Failure] (k) Whenever the operator of any mine 
shall neglect or refuse, or, for any cause not satisfactory to the mine in- 
spector, fail, for the period of three months, to furnish to the said 
inspector and recorder, the map or plan of such mine or a copy 
thereof, or of the extensions thereto, as provided for in this act, the 
inspector is hereby authorized to make or cause to be made, an accu- 
rate map or plan of such mine at the expense of the owner thereof, 
and the cost of the same may be recovered by law from the said 
operator in the same manner as other debts by suit in the name of 
the inspector and for his use, and a copy of the same shall be filed 
by him with said recorder. 

THE MAIN SHAFT. 

§ 2. Sinking Subject to Inspection.] (a) Any shaft in process 
of sinking, and any opening projected for the purpose of mining coal, 
shall be subject to the inspection of the State Inspector of Mines 
for the district in which said shaft or opening is located. 

Passage-way Around the Bottom.] (b) At the bottom of every 
shaft and at every caging place therein, a safe and commodious 
passage-way must be cut around said landing place to serve as a trav- 
eling way by which men or animals may pass from one side of the 
shaft to the other without passing under or on the cage. 

Gates at the Top.] (c) The upper and lower landings at the top 
of each shaft, and the opening of each intermediate seam from or to 
the shaft, shall be kept clear and free from loose materials, and shall 
be securely fenced with automatic or other gates, so as to prevent 
either men or materials from falling into the shaft. 

General Equipment.] (a 7 ) Every hoisting shaft must be equipped 
with substantial cages fitted to guide-rails running from the top to 
the bottom. Said cages must be safely constructe'd; they must be 
furnished with suitable boiler- iron covers to protect persons riding 
thereon from falling objects; they must be equipped with safety 
catches. Every cage on which persons are carried must be fitted up 
with iron bars or rings in proper place and sufficient number to fur- 
nish a secure hand-hold for every person permitted to ride thereon. 
At the top-landing cage supports, where necessary, must be carefully 
set and adjusted so as to act automatically and securely hold the 
cages when at rest. 

THE ESCAPEMENT SHAFT. 

§ 3. Two Places of Egress.] (a) For every coal mine in this 
State, whether worked by shaft, slope or drift, there shall be pro- 
vided and maintained, in addition to the hoisting shaft, or other 
place of delivery, a separate escapement shaft or opening to the sur- 
face, or an underground communicating passage-way between every 



304 MINES AND MINING. 



such mine and. some other contiguous mine, such as shall constitute- 
two distinct and available means of egress to all persons employed 
in such coal mine. 

The time allowed for completing such escapement shaft or making 
such connections with an adjacent mine, as is required by the terms- 
of this act, shall be three months for shafts 200 feet or less in depth, 
and six months for shafts less than 500 feet and more than 200 feet, 
and nine months for all other mines, slopes or drifts or connections 
with adjacent mines. The time to date in all cases from the hoisting- 
of coal from the main shaft. 

Unlawful to Employ More Than Ten Men.] (6) It shall be un- 
lawful to employ at any one time more men than in the judgment of 
the inspector is absolutely necessarjr, for speedily completing the con- 
nections with the escapement shaft or adjacent mine; and said num- 
ber must not exceed ten men at any one time for any purpose rn 
said mine until such escapement or connection is completed. 

Passage-ways to Escapement.] (c) Such escapement shaft or open- 
ing, or communication with a contiguous mine as aforesaid, shall be- 
constructed in connection with every seam of coal worked in such 
mine, and all passage- ways communicating with the escapement shaft 
or place of exit, from the main hauling ways to said place of exit, 
shall be maintained free of obstruction at least five feet high and five- 
feet wide. Such passage-ways must be so graded and drained that 
it will be impossible for water to accumulate in any depression or dip 
of the same, in quantities sufficient to obstruct the free and safe 
passage of men. At all points where the passage-way to the escape- 
ment shaft, or other place of exit, is intersected by other roadways or 
entries, conspicuous sign boards shall be placed, indicating the direc- 
tion it is necessary "to take in order to reach such place of exit. 

Distance From Main Shaft.] (d) Every escapement shaft shall be 
separated from the main shaft by such extent of natural strata as 
may be agreed upon by the inspector of the district and the owner of 
the property, but the distance between the main shaft and escape- 
ment shaft shall not be less than 300 feet without the consent of the- 
inspector, nor more than 300 feet without the consent of the owner. 

Buildings on the Surface.] (e) It shall be unlawful to erect any 
inflammable structure or building in the space intervening between 
the main shaft and the escapement shaft on the surface, or any pow- 
der magazine, in such location or manner as to jeopardize the free and 
safe exit of the men from the mine, by said escapement shaft, in case 
of fire in the main shaft buildings. 

Stairways or Cages.] (/) The escapement shaft at every mine 
shall be equipped with safe and ready means for the prompt removal 
of men from the mine in time of danger, and such means shall be a 
substantial stairway set at an angle not greater than forty-five degrees, 
which shall be provided with hand-rails and with platforms or land- 
ings at each turn of the stairway. 

In any escapement shaft which may, at the time of the passage of 
this act, be equipped with a cage for hoisting men, such cage must 



MINES AND MINING. 305 



be suspended between guides and be so constructed that falling 
objects can not strike persons being hoisted upon it. Such cage 
must also be operated by a steam hoisting engine, which shall be 
kept available for use at all times, and the equipment of said hoist- 
ing apparatus shall include a depth indicator, a brake on the drum, a 
steel or iron cable and safety catches on the cage. 

Obstructions in Shaft. ] (g) No accumulations of ice, nor obstruc- 
tions of any kind shall be permitted in any escapement shaft, nor 
shall any steam, or heated or vitiated air be discharged into said 
shaft; and all surface or other water which flows therein shall be con- 
ducted by rings or otherwise to receptacles for the same, so as to keep 
the stairways free from falling water. 

Weekly Inspections.] (h) All escapement shafts and the passage- 
ways leading thereto, or to the works of a contiguous mine, must be 
carefully examined at least once a week by the mine manager, or a 
man specially delegated by him for that purpose, and the date and 
findings of such inspection must be duly entered in the record book 
in the offices at the mine. If obstructions are found, their location 
and nature must be stated together with the date at which they are 
removed. 

Communication with Adjacent Mine] (/) When operators of ad- 
jacent mines have, by agreement, established underground communi- 
cation between said mines, as an escapement outlet for the men 
employed in both, the roadways to the boundary on either side shall 
be regularly patrolled and kept clear of every obstruction to travel by 
the respective operators, and the intervening door shall remain un- 
locked and ready at all times for immediate use. 

When such communication has once been established between con- 
tiguous mines, it shall be unlawful for the operator of either mine to 
close the same without the consent both of the contiguous operator 
and of the State inspector for the district. Provided, that when 
either operator desires to abandon mining operations, the expense and 
duty of maintaining such communication shall devolve upon the 
party continuing operations and using the same. 

THE ENGINE AND BOILER HOUSE. 

§ 4. Location.] (a) Any building erected after the passage of 
this act, for the purpose of housing the hoisting engine or boilers at 
any shaft, shall be substantially fire-proof, and no boiler house shall 
be nearer than sixty feet to the main shaft or opening or to any 
building or inflammable structure connecting therewith. 

Brake on Drum.] (6) Every hoisting engine shall be provided 
with a good and sufficient brake on the drum, so adjusted that it may 
be operated by the engineer without leaving his post at the levers. 

Flanges.] (c) Flanges shall be attached to the sides of the drum 
of any engine used for hoisting men, with a clearance of not less 
than four inches when the whole rope is wound on the drum. 

—20 



306 MINES AND MINING. 



Cable Fastenings.] (d) The ends of the hoisting cables shall be 
well secured on the drum, and at least two and a half laps of the 
same shall remain on the drum when the cage is at rest at the lowest 
caging place in the shaft. 

Indicatoe.] (e) An index dial or indicator, to show at all times the 
true position of the cages in the shaft, shall .be attached to every 
hoisting engine for the constant information and guidance of the 
engineer. 

Signals.] (/) The code of signals as provided for in this act shall 
be displayed in conspicuous letters at some point in front of the 
engineer when standing at his post. 

Gauges.] (g) Every boiler shall be jjrovided with a steam gauge, 
except where two or more boilers are equipped and connected with a 
steam drum, properly connected with the boilers to indicate the 
steam pressure, and another steam gauge shall be attached to the 
steam pipe in the engine house, the two to be placed in such posi- 
tions that both the engineer and fireman can readily see what pres- 
sure is being carried. Such steam gauges shall be kept in good 
order and adjusted and be tested as of ten at least as every six months. 

Safety Valves.] (h) Every boiler or battery of boilers shall be 
provided with a safety valve of sufficient area for the escape of 
steam, and with weights and springs properly adjusted. 

Inspection of Boilers.] (i) All boilers used in generating steam 
in and about coal mines shall be kept in good order, and the operator 
of every coal mine where steam boilers are in use shall have said 
boilers thoroughly examined and inspected by a competent boiler- 
maker or other qualified person, not an employe of said operator, as 
often as once in every six months, and oftener if the inspector shall 
deem it necessary, and the result of every such inspection shall be 
reported on suitable blanks to said inspector. 

THE POWDER HOUSE. 

§ 5. All blasting powder and explosive material must be stored in 
a fire-proof building on the surface, located at a safe distance from 
all other buildings. 

THE STATE MINING BOARD. 

§6. Manner and Purpose of Appointment.] (a) For the pur- 
pose of securing efficiency in the mine inspection service, and a high 
standard of qualification in those who have the management and 
operation of coal mines, the State Commissioners of Labor shall 
appoint a board of examiners, to be known as the State Mining Board, 
whose duty it shall be to make formal inquiry into and pass upon the 
practical and technical qualifications and personal fitness of men 
seeking appointments as State Inspectors of Mines, and of those 
seeking certificates of competency as mine managers, as hoisting 
engineers and as mine examiners. This board shall be composed of 



MINES AND MINING. 307 



five members, two of whom shall be practical coal miners; one an ex- 
pert mining engineer, and who shall, when practicable, be also a hoist- 
ing engineer, and two shall be coal operators. 

Date and Term of Appointment.] (b) Their appointment shall 
date from July 1, 1899, and they shall serve for a term of two years, 
or until their successors are appointed and qualified; they shall 
organize by the election of one of their number as president, and 
some suitable person, not a member, as secretary, after which they 
shall all be sworn to a faithful performance of their duties. 

Supplies Furnished by Secretary of State.] (c) The Secretary 
of State shall assign to the use of the board suitably furnished rooms 
in the State House for such meetings as are held at the capitol, and 
shall also furnish whatever blanks, blank-books, printing and station- 
ery the board may require in the discharge of its duties. 

Frequency of Meetings. ] (d) The board shall meet at the capitol 
in regular session on the second Tuesday in September of the year 
1899, and bi-ennially thereafter, for the examination of candidates 
for appointment as State Inspectors of Mines. For the examination 
of persons seeking certificates of competency as mine managers, 
hoisting engineers and mine examiners, the board shall hold meet- 
ings at such times and places within the State as shall, in the judg- 
ment of the members, afford the best facilities to the greatest number 
of probable candidates. Special meetings may also be called by the 
commissioners of labor, whenever, for any reason, it may become 
necessary to appoint one or more inspectors. Public notice shall be 
given through the press or otherwise, announcing the time and place 
at which examinations are to be held. 

Rules of Procedure.] (e) The examinations herein provided for 
shall be conducted under such rules, conditions and regulations as 
the members of the board shall deem most efficient for carrying into 
effect the spirit and intent of this act. Such rules, when formulated, 
shall be made a part of the permanent record of the board, and such 
of them as relate to candidates shall be published for their informa- 
tion and governance prior to each examination; they shall also be of 
uniform application to all candidates. 

EXAMINATIONS. 

§ 7. For Inspectors.] (a) Persons coming before the State Min- 
ing Board as candidates for appointment as State Inspectors of 
Mines must produce evidence satisfactory to the board that they are 
citizens of this State, at least thirty years of age, that they have had 
a practical mining experience of ten years, and that they are men of 
good repute and temperate habits; they must also submit to and sat- 
isfactorily pass an examination as to their practical and technical 
knowledge of mining engineering and mining machinery and appli- 
ances, of the proper development and operation of coal mines, or 
ventilation in mines, of the nature and properties of mine cases, of 
the geology of the coal measures in this State and of the laws of 
this State relating; to coal mines. 



308 MINES AND MINING, 



Names Certified to the Governor.] (b) At the close of each ex- 
amination for inspectors the board shall certify to the Governor the 
names of all candidates who have received a rating above the mini- 
mum fixed by the rules of the board as properly qualified for the 
duties of inspectors. 

Inspectors Appointed.] (c) From those so named the Governor 
shall select and appoint seven State Inspectors of Mines, that is to 
say, one inspector for each of the seven inspection districts provided 
for in this act, or more, if, in the future, additional inspection dis- 
tricts shall be created, and their commissions shall be for a term of 
two years from October first: Provided, that any one who has satis- 
factorily passed two of the State examinations for inspectors, and 
who has served acceptably as State inspector for two full terms, upon 
making written application to the board setting forth the facts, shall 
also be certified to the Governor as a person properly qualified for 
appointment. But no man shall be eligible for appointment as a 
State Inspector of Mines who has any pecuniary interest in any coal 
mine, either as owner or employe. 

For Mine Managers.] (d) Persons coming before the board for 
certificates of competency as mine managers must produce evidence 
satisfactory to the board that they are citizens of this State, at least 
twenty-four years of age, that they have had at least four years prac- 
tical mining experience, and that they are men of good repute and 
temperate habits; they must also submit to and satisfactorily pass 
such an examination as to their experience in mines and in the man- 
agement of men, their knowledge of mine machinery and appliances, 
the use of surveying and other instruments, the properties of mine 
gases, the principles of ventilation and the specific duties and re- 
sponsibilities of mine managers, as the board shall see fit to impose. 

For Hoisting Engineers.] (e) Persons seeking certificates of 
competency as hoisting engineers must produce evidence satisfactory 
to the board that they are citizens of the United States, at least twen- 
ty-one years of age, that they have had at least two years experience 
as fireman or engineer of a hoisting plant, and are of good repute 
and temperate habits. They must be prepared to submit to and sat- 
isfactorily pass an examination as to their experience in handling 
hoisting machinery, and as to their practical and technical knowledge 
of the construction, cleaning and care of steam boilers, the care and 
adjustment of hoisting engines, the management and efficiency of 
pumps, ropes and winding apparatus, and their knowledge of the 
laws of this State in relation to signals and the hoisting and lower- 
ing of men at mines. 

For Mine Examiners.] (/) Persons seeking certificates of compe- 
tency as mine examiners must produce evidence satisfactory to the 
board that they are citizens of this State, at least twenty-one years 
of age, and of good repute and temperate habits. They must be pre- 
pared to submit to and satisfactorily pass an examination as to their 
experience in mines generating dangerous gases, their practical and 
technical knowledge of the nature and properties of fire-damp, the 



MINES AND MINING. 309 



laws of ventilation, the structure and uses of the safety lamps, and the 
laws of this State relating to safeguards against fires from any source 
in mines. 

CERTIFICATES. 

§ 8. Issued by the Board.] (a) The certificates provided for in 
this act shall be issued under the signatures and seal of the State 
Mining Board, to all those who receive a rating above the minimum 
fixed by the rules of the board; such certificates shall contain the 
full name, age and place of birth of the recipient, and the length and 
nature of his previous service in or about coal mines. 

Kegister to be Preserved.] (6) The board shall make and pre- 
serve a record of the names and addresses of all persons to whom cer- 
tificates are issued, and at the close of each examination shall make re- 
port of the same to the commissioners of labor, who shall cause a 
permanent register of all certificated persons to be made and kept for 
public inspection in the office of the State Bureau of Labor Statistics 
in the State capitol. 

Effect of Certificates.] (c) The certificates provided for in this 
act shall entitle the holders thereof to accept and discharge the duties 
for which they are thereby declared qualified, at any mine in this 
State, where their services may be desired. 

Foreign Certificates.] (d) The board may exercise its discretion 
in issuing certificates of any class, but not without examination, to 
persons presenting, with proper credentials, certificates issued by 
competent authority in other states. 

Unlawful to Employ Other than Certificated Mine Managers.] 
(e) It shall be unlawful for the operator of any coal mine to employ, or 
suffer to serve, as mine manager at his mine, any person who does not 
hold a certificate of competency issued by a duly authorized board of 
examiners of this State: Provided, that whenever any exigency 
arises by which it is impossible for any operator to secure the im- 
mediate services of a certificated mine manager, he may place any 
trustworthy and experienced man, subject to the approval of the 
State inspector of the district, in charge of his mine, to act as tern- . 
porary mine manager for a period not exceeding thirty days. 

Unlawful to Employ Other than Certificated Hoisting Engi- 
neer.] (/) It shall be unlawful for the operator of any mine to employ, 
or suffer to serve, as hoisting engineer for said mine, any person who 
does not hold a certificate of competency issued by a duly authorized 
board of examiners of this State, or to permit any other to operate his 
hoisting engine except for the purpose of learning to operate it, and 
then only in the presence of the certificated engineer in charge, and 
when men are not being hoisted or lowered: Provided, that whenever 
any exigency arises by which it is impossible for any operator to se- 
cure the immediate services of a certificated hoisting engineer, he may 
place any trustworthy and experienced man, subject to the approval of 
the State inspector of the district, in charge of his engines, to act as 
temporary engineer, for a xDeriod not to exceed thirty days. 



810 MINES AND MINING. 



Unlawful to Employ Other than Certificated Mine Examin- 
ers. ] (g) It shall be unlawful for the operator of any mine to employ, 
or suffer to serve, as mine examiner, any person who does not hold a 
certificate of competency issued by the State Mining Board : Provided, 
that any one holding a mine manager's certificate may serve as mine 
examiner. Any one holding a certificate as fire boss, on j)resentation 
of the same to the State Mining Board, may have it exchanged for a 
mine examiner's certificate. 

Cancellation of Certificates.] (h) The certificate of any mine 
manager, hoisting engineer or mine examiner, may be cancelled and 
revoked by the State Mining Board whenever it shall be established to 
the satisfaction of said board that the holder thereof has become un- 
worthy of official endorsement, by reason of violations of the law, in- 
temperate habits, manifest incapacity, abuse of authority, or for other 
causes satisfactory to said board: Provided, that any person against 
whom charges or complaints are made shall have an opportunity to 
be heard in his own behalf. And he shall have thirty days notice in 
writing of such charges. 

fees for examinations. 

§ 9. An applicant for any certificate herein provided for, before 
being examined, shall register his name with the secretary of the 
board, and file with him the credentials required by this act, to wit: 
An affidavit as to all matters of fact establishing his right to receive 
the examination, and a certificate of good character and temperate 
habits signed by at least ten of the citizens who know him best in 
the place in which he lives. 

Each candidate, before receiving the examination, shall pay to the 
.secretary of the board the sum of one dollar as an examination fee, 
and those who pass the examination for which they are entered, be- 
fore receiving their certificates, shall also pay to the secretary the 
further sum of two dollars each as a certificate fee. All such fees 
shall be duly accounted for by the board, and covered into the State 
treasury at the close of each fiscal year. 

PAY OF THE BOARD. 

§ 10. The members of the State Mining Board shall receive as 
compensation for their services the sum of five dollars each per day, 
for a term not exceeding one hundred days. in any one year, and 
whatever sums are necessary to reimburse them for such traveling 
expenses as may be incurred in the discharge of their duties. 

The salary of the secretary shall be determined by the board, but 
shall in no case exceed the sum of one thousand dollars per annum, 
and he shall be reimbursed for any amounts expended for actual and 
necessary traveling expenses in the discharge of his duties All such 
salaries and expenses of the board and of its secretary shall be paid 
upon vouchers duly sworn to by each and approved by the president 
of the board and by the Governor, and the Auditor of Public 



MINES AND MINING. 311 



Accounts is hereby authorized to draw his warrants on the State Treas- 
urer for the amounts thus shown to be due, payable out of any money 
in the treasury not otherwise appropriated. 

INSPECTION DISTRICTS. 

§11. Boundaries Defined.] (a) The State shall be divided into 
seven inspection districts, as follows: 

The first district shall be composed of the counties of Boone, Mc- 
Henry, Lake, DeKalb, Kane, DuPage, Cook, LaSalle, Kendall, 
Grundy, Will, Livingston, and Kankakee. 

The second district shall be composed of the counties of Jo Daviess, 
Stephenson, Winnebago, Carroll, Ogle, Whiteside, Lee, Rock Island,. 
Henry, Bureau, Mercer, Stark, Putnam, Marshall, Peoria, and Wood- 
ford. 

The third district shall be composed of the counties of Henderson, 
Warren, Knox, Hancock, McDonough, Schuyler, Fulton, Adams, and 
Brown. 

The fourth district shall be composed of the counties of Tazewell, 
McLean, Ford, Iroquois, Vermilion, Champaign, Piatt, DeWitt, 
Macon, Logan. Menard, Mason, and Cass. 

The fifth district shall be composed of the counties of Pike, Scott, 
Morgan, Sangamon, Christian, Shelby, Moultrie, Douglas, Coles, 
Cumberland, Clark, Edgar, Montgomery, Macoupin, Greene, Jersey, 
and Calhoun. 

The sixth district shall be composed of the counties of Monroe. St. 
Clair, Madison, Bond, Clinton, Fayette, Marion, Effingham, Clay, 
Jasper, Richland, Crawford, and Lawrence. 

The seventh district shall be composed of the counties of Wash- 
ington, Jefferson, Wayne, Edwards, Wabash, White, Hamilton, 
Franklin, Perry, Randolph, Jackson, Williamson, Saline, Gallatin, 
Hardin, Pope, Johnson, Massac, Union, Alexander, and Pulaski. 

How Changes May be Made.] (6) Provided, that the Commission- 
ers of Labor, may, from time to time, make such changes in the., 
boundaries of said districts as may, in their judgment, be required in 
order to distribute more evenly the labors and exrjenses of the several 
inspectors of mines, but this provision shall not be construed as au- 
thorizing the board to increase the number of districts. 

DUTIES OF INSPECTORS. 

§ 12. Bond.] (a) Those who receive appointment as State In- 
spectors of Mines must, before entering upon their duties as such, 
take an oath of office, as provided for by the constitution, and enter 
into a bond to the State in the sum of five thousand ($5,000) dollars, 
with sureties to be approved by the Governor, conditioned upon the 
faithful performance of their duties in every particular, as required 
by this act; said bond, with the approval of the Governor endorsed 
thereon, together with the oath of office, shall be deposited with the 
Secretary of State. 



312 MINES AND MINING. 



Instruments. J (6) For the more efficient discharge of the duties 
herein imposed upon them, each inspector shall be furnished at the 
expense of the State with an anemometer, a safety lamp, and what- 
ever other instruments may be required in order to carry into effect 
the provisions of this act. 

Examinations of Mines. ] (c) State Inspectors of Mines shall de- 
vote their whole time and attention to the duties of their office, and 
make personal examination of every mine within their respective dis- 
tricts, and shall see that every necessary precaution is taken to insure 
the health and safety of the workmen employed in such mines, and 
that the provisions and requirements of all the mining laws of this 
State are faithfully observed and obeyed, and the penalties for the 
violation of the same promptly enforced. 

Authoeity to Enter.] (d) It shall be lawful for State inspectors 
to enter, examine and inspect any and all coal mines and the machinery 
belonging thereto, at all reasonable times, by day or by night, but so 
as not to obstruct or hinder the necessary workings of such coal mine, 
and the operator of every such coal mine is hereby required to fur- 
nish all necessary facilities for making such examination and in- 
spection. 

Procedure in Case of Objection.] (e) If any operator shall re- 
fuse to permit such inspection or to furnish the necessary facilities for 
making such examination and inspection, the inspector shall file his 
affidavit, setting forth such refusal, with the judge of the circuit 
court in said county in which said mine is situated, either in term 
time or vacation, or, in the absence of said judge, with the master in 
chancery in said county in which said mine is situated, and obtain 
an order on such owner, agent or operator so refusing as aforesaid, 
commanding him to permit and furnish such necessary facilities for 
the inspection of such coal mine, or to be adjudged to stand in con- 
tempt of court and punished accordingly. 

Notices to be Posted.] ( /') The State Inspector of Mines shall 
post up in some conspicuous place at the top of each mine visited 
and inspected by him, a plain statement of the condition of said 
mine, showing what in his judgment is necessary for the better pro- 
tection of the lives and health of persons employed in said mine; 
such statement shall give the date of inspection and be signed by the 
inspector. He shall also post a notice at the landing used by the 
men, stating what number of men will be permitted to ride on the 
cage at one time, and at what rate of speed men may be hoisted and 
lowered on the cages. He must observe especially that a proper code 
of signals between the engineer and top man and bottom man is 
established and conspicuously posted for the information of all em- 
ployes. 

Sealer of Weights.] (g) Stale Inspectors of Mines are hereby 
made ex-officio sealer of weights and measures in their respective 
districts, and as such are empowered to test all scales used to weigh 
coal at coal mines. Upon the written request of any mine owner or 
operator, or of ten coal miners employed at any one mine, it shall be his 
duty to try and prove any scale or scales at such mine against which 



MINES AND MINING. 311 



complaint is directed, and if he shall find that they or any of them 
do not weigh correctly he shall call the attention of the mine owner 
or operator to the fact, and direct that said scale or scales be at once 
overhauled and readjusted so as to indicate only true and exact 
weights, and he shall forbid the further operation of such mine until 
such scales are adjusted. In the event that such tests shall conflict 
with any test made by any county sealer of weights, or under and by 
virtue of any municipal ordinance or regulation, then the test by 
such mine inspector shall prevail. 

Test Weights.] (h) For the purpose of carrying out the provisions 
of this act each inspector shall be furnished by the State with a com- 
plete set of standard weights suitable for testing the accuracy of 
track scales, and of all smaller scales at mines; said test weights to 
be paid for on bills of particulars, certified by the Secretary of State 
and approved by the Governor. Such test weights shall remain in 
the custody of the inspector for use at any point within his district, 
and for any amounts expended by him for the storage, transportation 
or handling of the same, he shall be fully reimbursed upon making 
entry of the proper items in his quarterly expense voucher. 

Inspectors' Annual Reports. ] ( i) Each State Inspector of Mines 
shall, at the close of the official year, to-wit: after June 30, of every 
year, prepare and forward to the secretary of the bureau of labor 
statistics a formal report of his acts during the year in the discharge 
of his duties, with any recommendations as to legislation he may 
deem necessary on the subject of mining, and shall collect and tabu- 
late upon blanks furnished by said Secretary all desired statistics of 
mines and miners within his district to accompany said annual re- 
port. 

Reports to be Published.] (j) On the receipt of said inspectors' 
reports the secretary of the bureau of labor statistics shall proceed 
to compile and summarize the same as a report of said bureau, to be 
known as the Annual Coal Report, which shall be duly transmitted 
to the Governor for the information of the General Assembly and the 
public. The printing and binding of said reports shall be provided 
for by the Commissioners of State Contracts in like manner and in 
like number as they provide for the publication of other official re- 
ports to the Governor. 

The Secretary of State shall furnish to said inspectors, upon the 
requisition of the secretary of the State Bureau of Labor Statistics, 
whatever instruments, blanks, blank books, stationery, printing and 
supplies may be required by said inspectors in the discharge of their 
official duties; said instruments to be paid for on bills of particulars, 
certified by the Secretary of State and approved by the Governor. 

It shall be the duty of every coal operator and every employer of 
labor in this State to afford to the State Commissioners of Labor, or 
their representatives, every facility for procuring statistics of the 
wages and condition of their employes for the purpose of compiling 
and publishing statistics of labor and of social and industrial condi- 
tions within the State as required by law. Any person who shall 
hinder or obstruct the investigation of the agents of the commis- 



314 MINES AND MINING. 



sioners, or shall neglect or refuse, for a period of ten days, to furnish 
the information called for by the schedules of the commissioners as 
provided above, shall be adjudged guilty of a misdemeanor and be 
subjected to a fine of one hundred dollars. 

PAY OF INSPECTORS. 

§ 13. Each State Inspector of Mines shall receive as compensa- 
tion for his services, the sum of eighteen hundred dollars per annum, 
and for his traveling expenses the sum actually expended for that 
purpose, in the discharge of his official duties, both to be paid quar- 
terly by the State Treasurer, on warrants of the Auditor of Public 
Accounts, from the funds in the treasury not otherwise appropriated; 
said expense vouchers shall show the items of expenditures in detail, 
with sub-vouchers for the same so far as it is practicable to obtain 
them. Said voucher shall be sworn to by the inspector and be ap- 
proved by the secretary of the bureau of labor statistics and the 
Governor. 

REMOVAL OF INSPECTORS. 

§ 14. Upon a petition signed by not less than three coal opera- 
tors, or ten coal miners, setting forth that any State Inspector of 
Mines neglects his duties, or that he is incompetent, or that he is 
guilty of malfeasance in office, or guilty of any act tending to the 
injury of miners or operators of mines, it will be lawful for the com- 
missioners of labor of this State to issue a citation to the said in- 
spector to appear, at not less than fifteen days' notice on a day fixed, 
before them, when the said commissioners shall proceed to inquire 
into and investigate the allegations of the petitioners; and if the said 
commissioners find that the said inspector is neglectful of his duty, 
or that he is incompetent to perform the duties of said office, or that 
he is guilty of malfeasance in office, or guilty of any act tending to 
the injury of miners or operators of mines, the said commissioners 
shall declare the office of inspector of the said district vacant, and a 
properly qualified person shall be duly appointed, in the manner 
provided for in this act, to fill said vacancy. 

COUNTY INSPECTORS. 

§ 15. The County Board of Supervisors, or of Commissioners in 
counties not under township organization, of any county in which 
coal is produced, upon the written request of the State insi^ector of 
Mines for the district in which said county is located, shall appoint 
a County Inspector of Mines as assistant to such State inspector; but 
no person shall be eligible for appointment as county inspector who 
does not hold a State certificate of competency as mine manager, and 
the compensation of such county inspector shall be fixed by the 
county board at not less than three dollars per day, to be paid out of 
the county treasury. 

The State inspector may authorize any county inspector in his 
district to assume and discharge all the duties and exercise all the 



MINES AND MINING. 315 



powers of a State inspector in the county for which he is appointed, 
in the absence of the State inspector; but such authority must be 
conferred in writing and the county inspector must produce the 
same as evidence of his powers upon the demand of any person af- 
fected by his acts; and the bond of said State inspector shall be 
holden for the faithful performance of the duties of such assistant 
inspector. 

DUTIES OF MINE MANAGEES AND MINERS. 

§ 16. (a) The mine managers shall instruct employes as to their 
respective duties, and shall visit and examine the various working- 
places in the mine as often as practicable. He shall always provide 
a sufficient supply of props, caps and timber delivered on the miners' 
cars at the usual place when demanded, as nearly as possible, in 
suitable lengths and dimensions for the securing of the roof by the 
miners, and it shall be the duty of the miner to properly prop and 
secure his iDlace with materials provided therefor. 

Ventilation.] (b) It shall be the duty of the mine manager to see 
that cross-cuts are made at proper distances apart to secure the best 
ventilation at the face of all working places, and that all stoppings 
along air-ways are prorjerly and promptly built. He shall keep care- 
ful watch over all ventilating apparatus and the air-currents in the 
mine, and in case of accident to fan or machinery by which the cur- 
rents are obstructed or stopped, he shall at once order the withdrawal 
of the men and prohibit their return until thorough ventilation has 
been re-established. 

Air-cureents and Outlet Passage- ways.] (c) He shall measure 
or cause to be measured the air-current with an anemometer at least 
once a week at the inlet and outlet, and shall keep a record of such 
measurements for the information of the inspector. Once a week he 
shall make a special examination of the roadways leading to the 
escapement shaft or other opening for the safe exit of men to the 
surface, and shall make a record of any obstructions to travel he may 
encounter therein, together with the date of their removal. 

Handling Explosives.] (d) He shall give special attention to and 
instructions concerning the proper storage and handling of explos- 
ives in the mine, and concerning the time and manner of placing 
and discharging the blasting shots, and it shall be unlawful for any 
miner to fire shots except according to the rules of the mine. In 
dusty mines he must see that all hauling roads are frequently and 
thoroughly sprinkled. He must also see that all dangerous places 
above and below are properly marked, and that danger signals are 
displayed wherever they are required. 

Care of Ropes, Cages, Etc.] (e) The mine manager or superin- 
tendent must have special attention given to the condition of 'the 
hoisting ropes; they must be carefully and frequently scrutinized. 
Before the men are lowered in the morning the soundness of the 
ropes must be tested by hoisting the cages. He must also have the 
cages, safety catches, pumps, sumrjs and stables examined frequently; 



316 MINES AND MINING. 



he must have the mine examined every morning by the mine exam- 
iner before the men are allowed to go to work, and know that the top 
man and bottom man are on duty, and that sufficient lights are main- 
tained at the top and bottom landings when the men are being 
hoisted and lowered. 

Eakly and Late Duty.] (/) The mine manager or his agent shall 
be at his post at the mine when the men are lowered into the mine 
in the morning for work; he shall by some device keep a record of 
the number of men lowered either for a day or night shift, and he or 
his agent shall remain at night until all the men employed during 
the day shall have been hoisted out. 

May Have Assistants.] (g) In mines in which the works are so 
extensive that all the duties devolving on the mine manager can not 
be discharged by one man, competent persons may be designated and 
appointed as assistants to the mine manager who shall exercise his 
functions, under his instructions. 

DUTIES OF HOISTING ENGINEERS. 

§ 17. Constant Attendance.] (a) The hoisting engineer at any 
mine shall be in constant attendance at his engine or boilers at all 
times when there are workmen underground. 

Outsiders Excluded.] (6) The engineer shall not permit any one 
to enter or to loiter in the engine room, except those authorized by their 
position or duties to do so, and he shall hold no conversation with 
any officer of the company or other person while the engine is in 
motion or while his attention is occupied with the signals. A notice 
to this effect shall be posted on the door of the engine house. 

Care of Engine and Boilers.] (c) The engineer or some other 
properly authorized employe must keep a careful watch over the 
engine, boilers, pumps, ropes and winding apparatus. He must see 
that his boilers are properly supplied with water, cleaned and in- 
spected at frequent intervals, and that the steam pressure does not 
exceed the limit established by the boiler inspector; he shall fre- 
quently try the safety valves and shall not increase the weights on 
the same; he shall observe that the steam and water gauges are 
always in good order, and if any of the pumps, valves or gauges 
become deranged or fail to act he shall promptly report the fact to 
the proper authority. 

Signals.] (d) The engineer must thoroughly understand the es- 
tablished code of signals, and these must be delivered in the engine 
room in a clear and unmistakable manner, and when he has the sig- 
nal that men are on the cage he must work his engine only at the 
rate of speed hereafter specified in this act. 

K Handling of Engines.] (e) The engineer shall permit no one to 
handle or meddle with any machinery under his charge, nor suffer 
any one who is not a certificated engineer to operate his engine, 
except for the purpose of learning to operate it, and then only in the 
presence of the engineer in charge, and when men are not on the 
cage. 



MINES AND MINING. 317 



DUTIES OF MINE EXAMINERS. 

§ 18. To Enter and Examine all Places.] (a) A mine ex- 
aminer shall be required at all mines. His duty shall be to visit the 
mine before tbe men are permitted to enter it, and, first, he shall see that 
the air-current is traveling in its proper course and in proper quantity. 
He shall then inspect all places where men are expected to }Dass or to 
work, and observe whether there are any recent falls or obstructions 
in rooms or roadways, or accumulations of gas or other unsafe 
conditions. He shall especially examine the edges and accessible 
parts of recent fails and old gobs and air-courses. As evidence of 
his examination of all working places, he shall inscribe on the walls 
of each, with chalk, the month and the day of the month of his 
visit. 

To Post Danger Notices.] (b) When working places are discov- 
ered in which accumulations of gas, or recent falls, or any dangerous 
conditions exist, he shall place a conspicuous mark thereat as notice 
to all men to keep out, and at once report his finding to the mine 
manager. 

No one shall be allowed to remain in any part of the mine through 
which gas is being carried into the ventilating current, nor to enter 
the mine to work therein, except under the direction of the mine 
manager, until all conditions shall have been made safe. 

To Make Daily Record.] (c) The mine examiner shall- make a 
daily record of the conditions of the mine, as he has found it, in a 
book kept for that purpose, which shall be preserved in the office for 
the information of the company, the inspector and all other persons 
interested, and this record shall be made each morning before the 
miners are permitted to descend into the mine. 

ventilation. 

§ 19. Throughout every coal mine there shall be mantaiiied cur- 
rents of fresh air sufficient for the health and safety of all men and 
animals employed therein, and such ventilation shall be produced by 
a fan, or some other artificial means. 

Amount of Air Required. ] (a) The quantity of air required to be 
kept in circulation and passing a given point shall be not less than 
100 cubic feet per minute for each person, and not less than 
600 cubic feet per minute for each animal in the mine, measured at 
the foot of the downcast, and this quantity may be increased at the 
discretion of the inspector whenever, in his judgment, unusual con- 
ditions make a stronger current necessary. Said currents shall be 
forced into every working place throughout the mine, so that all 
parts of the same shall be reasonably free from standing powder 
smoke and deleterious air of every kind. 

Measurements.] (b) The measurement of the currents of air shall 
be taken with an anemometer at the foot of the downcast, at the 
foot of the upcast, and at the working; face of each division or split 
of the air-current. And a record of such measurements shall be 
made and preserved in the office, as elsewhere provided for in this act. 



3] 8 MINES AND MINING. 



Air Currents to be Split.] (c) The main current of air shall be 
so split, or subdivided, as to give a separate current of reasonably pure 
air to every 100 men at work, and the inspector shall have authority 
to order separate currents for smaller groups of men, if, in his judg- 
ment, special conditions make it necessary. 

Ventilation of Stable.] (d) The air-current for ventilating the 
stable shall not pass into the intake air-current for ventilating the 
working parts of the mine. 

Self-closing Doors.] (e) All permanent doors in' mines, used in 
guiding and directing the ventilating currents, shall be so hung and 
adjusted as to close automatically. 

Trappers.] (/) At all principal door-ways, through which cars 
are hauled, an attendant shall be employed for the purpose of open- 
ing and closing said doors when trips of cars are passing to and 
from, the workings. Places for shelter shall be provided at such 
door-ways to protect the attendants, from being injured by the cars, 
while attending to their duties. 

Cross-cuts.] (g) Cross-cuts shall be made not more than sixty feet 
apart, and no room shall be opened in advance of the air current. 

Stoppings.] (h) When it becomes necessary to close cross-cuts 
connecting the inlet and outlet air-courses in mines generating dan- 
gerous gases, the stoppings shall be built in a substantial manner 
with brick or other suitable building material laid in mortar or 
cement, if practicable, but in no case shall they be built of lumber, 
except for temporary purposes. 

Authority of Inspector.] (i) Whenever the inspector shall find 
men working without sufficient air, he shall at once give the mine 
manager or operator notice and a reasonable time in which to restore 
the current, and upon his or their refusal or neglect to act promptly, 
the inspector may order the endangered men out of the mine. 

powder and blasting. 

§ 20. No blasting powder or other explosives shall be stored in 
any coal mine, and no workman shall have at any time more than one 
twenty-five pound keg of black powder in the mine, nor more than 
three pounds of high explosives. 

Place and Manner of Storing.] (a) Every person who has pow- 
der or other explosives in a mine, shall keep it or them in a wooden or 
metallic box or boxes securely locked, and said boxes shall be kept at 
least ten feet from the track, and no two powder boxes shall be kept 
within fifty feet of each other, nor shall black powder and high ex- 
plosives be kept in the same box. 

Manner of Handling.] (h) Whenever a workman is about to open 
a box or keg containing powder or other explosive, and while hand- 
ling the same, he shall place and keep his lamp at least five feet dis- 
tant from said explosive and in such position that the air current can 
net convey sparks to it, and no person shall approach nearer than 
five feet to any open box containing powder or other explosive with a 
lighted lamp, lighted pipe or other thing containing fire, 



MINES AND MINING. 319 



Copper Tools.] (c) In the process of charging and tamping a hole 
no person shall use any iron or steel pointed needle. The needle 
used in preparing a blast shall be made of copper and the tamping 
bar shall be tipped with at least five inches of copper. No coal dust 
nor any material that is inflammable or that may create a spark shall 
be used for tamping, and some soft material must always be placed 
next to the cartridge or explosive. 

Use of Squibs.] (d) A miner who is about to explode a blast with 
a manufactured squib shall not shorten the match, saturate it with 
mineral oil nor ignite it except at the extreme end; he shall see that 
all persons are out of danger from the probable effects of such shot, 
and shall take measures to prevent any one approaching, by shout- 
ing "tire!" immediately before lighting the fuse. 

Not More Than One Shot at a Time.] (e) Not more than one shot 
shall be ignited at the same time in any one working place, unless 
the firing is done by electricity or by fuses of such length that 
neither of the shots will explode in less than three minutes from the 
time they are lighted. When successive shots are to be fired in any 
working place in which the roof is broken or faulty, the smoke must 
be allowed to clear away and the roof must be examined and made 
secure between shots. 

Missed Shots.] (/) No person shall return to a missed shot until 
five minutes shall have elapsed, unless the firing is done by electric- 
ity, and then only when the wires are disconnected from the battery. 

Dusty Mines.] (g) In case the galleries, roadways or entries of 
any mine are so dry that the air becomes charged with dust, the 
operator of such mine must have such roadways regularly and thor- 
oughly sprayed, sprinkled or cleaned, and it shall be the duty of the 
inspector to see that all possible precautions are taken against the 
occurrence of explosions which may be occasioned or aggravated by 
the presence of dust. 

PLACES OF REFUGE. 

§ 21. Engine Planes.] (a) On all single track hauling roads 
wherever hauling is done by machinery, and on all gravity or inclined 
planes in mines, upon which the persons employed in the mine must 
travel on foot to and from their work, places of refuge must be cut in 
the side wall not less than three' feet in depth and four feet wide, and 
not more than twenty yards apart, unless there is a clear space of at 
least three feet between the side of the car and the side of the road, 
which space shall be deemed sufficient for the safe passage of men. 

On every such road which is more than 100 feet in length a code 
of signals shall be established between the hauling engineer and all 
points on the road. 

A conspicuous light must be carried on the front car of every trip 
or train of pit cars moved by machinery, except when such trip is on 
an inclined plane. 

Mule Roads.] (6) On all hauling roads or gangways on which the 
hauling is done by draft animals, or gangwa3 T s whereon men have to 



320 MINES AND MINING. 



pass to and from their work, places of refuge must be cut in the side- 
wall at least two and a half feet deep, and not more than twenty 
yards apart; but such places shall not be required in entries from 
which rooms are driven at regular intervals not exceeding twenty 
yards, and wherever there is a clear space of two and one-half feet 
between the car and the rib, such space shall, be deemed sufficient 
for the safe passage of men. 

All places of refuge must be kept clear of obstructions, and no ma- 
terial shall be stored nor be allowed to accumulate therein. 

BOYS AND WOMEN. 

§ 22. No boy under the age of fourteen years, and no woman or 
girl of any age shall be permitted to do any manual labor in or about 
any mine, and before any boy can be permitted to work in any mine 
he must produce to the mine manager or operator thereof an affidavit 
from his parent or guardian or next of kin, sworn and subscribed to 
before a justice of the peace or notary public, that he, the said boy, is 
fourteen years of age. 

SIGNALS. 

§ 23. At every mine operated by shaft and by steam power, means 
must be provided for communicating distinct and separate signals to 
and from the bottom man, the top man and the engineer. The fol- 
lowing signals are prescribed for use at mines where signals are re- 
quired: 

From the bottom to the top. One bell shall signify to hoist coal 
or the empty cage, and also to stop either when in motion. 

Two bells shall signify to lower cage. 

Three bells shall signify that men ftre coming up; when return sig- 
nal is received from the engineer, men will get on the cage and the 
eager shall ring one bell to start. 

Four bells shall signify to hoist slowly, implying danger. 

Five bells shall signify accident in the mine and a call for a 
stretcher. 

Six bells shall call for a reversal of the fan. 

From the top to the bottom. One bell shall signify: All ready, 
get on cage. 

Two bells shall signify: Send away empty cage. 

Provided, that the operator of any mine may, with the consent of 
the inspector, add to this code, of signals in his discretion, for the 
purpose of increasing its efficiency or of promoting the safety of the 
men in said mine, but whatever code may be established and in use 
at any mine, must be conspicuously posted at the top and at the bot- 
tom and in the engine room for the information and instruction of 
all persons concerned. 



MINES AND MINING. 321 



WEIGHING AND WEIGHMEN. 

§ 24. Scales.] (a) The operator of every coal mine where miners 
are paid by the weight of their output, shall provide at such mine 
suitable and accurate scales of standard manufacture for the weigh- 
ing of such coal, and a correct record shall be kept of all coal so 
weighed, and said record shall be open at all reasonable hours to the 
inspection of miners and others interested in the product of said 
mine. 

Weighman.] (b) The person authorized to weigh the coal and keep 
the record as aforesaid shall, before entering upon his duties, make 
and subscribe to an oath before some person duly authorized to ad- 
minister oaths, that he will accurately weigh and carefully keep a 
true record of all coal weighed, and such affidavit shall be kept con- 
spicuously posted at the place of weighing. 

Check- weighman.] (c) It shall be permitted to the miners at work 
in any coal mine to employ a check- weighman at their option and at 
their own expense, whose duty it shall be to balance the scales and 
see that the coal is properly weighed, and that a correct account of 
the same is kept, and for this purpose he shall have access at all times 
to the beam box of said scales, and be afforded every facility for 
verifying the weights while the weighing is being done. The check- 
weighman so employed by the miners, before entering upon his 
duties, shall make and subscribe to an oath before some person duly 
authorized to administer oaths, that he will faithfully discharge his 
duties as check-weighman, and such oath shall be kept conspicuously 
X)osted at the place of weighing. 

BOUNDAEIES. 

§ 25. Ten-foot Limit.] (a) In no case shall the workings of any 
mine be driven nearer than ten feet to the boundary line of the coal 
rights pertaining to said mine, except for the purpose of establishing 
an underground communication between contiguous mines, as pro- 
vided for elsewhere in this act. 

Approaching Old Works.] (b) Whenever the workings of any 
part of a mine are approaching old workings, believed to contain 
dangerous accummulations of water or of gas. the operator of said 
mine must conduct the advances with narrow work, and maintain 
bore holes at least twenty feet in advance of the face of the work, and 
such side holes as may be deemed prudent or necessary. 

NOTICE TO INSPECTORS. 

§ 26. Immediate notice must be conveyed to the inspector of the 
proper district by the operator interested: 

1. Whenever an accident occurs whereby any person receives 
serious or fatal injury, 

2. Whenever it is intended to sink a shaft, either for hoist- 
ing or escapement purposes, or to open a new mine by any process. 

—21 



322 MINES AND MINING. 



3. Whenever it is intended to abandon any mine or to re- 
open any abandoned mine. 

4. Upon the appearance of any large body of fire damp in 
any mine, whether accompanied by explosion or not, and upon the 
occurrence of any serious fire within the mine or on the surface. 

5. When the workings of any mine are approaching danger- 
ously near any abandoned mine, believed to contain accumulations of 
water or of gas. 

6. Upon the accidental closing or intended abandonment of 
any passage-way to an escapement outlet. 

ACCIDENTS. 

§ 27. Duty of Inspector.] (a) Whenever loss of life or serious 
personal injury shall occur by reason of any explosion, or of any 
accident whatsoever, in or connected with any coal mine, it shall be 
the duty of the person having charge of said mine to report that fact, 
without delay, to the inspector of the district in which the mine is 
located, and the said inspector shall, if he deem necessary from the 
facts reported, and in all cases of loss of life, immediately go to the 
scene of said accident and render every possible assistance to those 
in need. 

It shall moreover be the duty of every operator of a coal mine to 
make and preserve for the information of the inspector, and upon 
uniform blanks furnished by said inspector, a record of all injuries 
sustained by any of his employes in the pursuance of their regular 
occupations. 

Coroner's Inquest.] (6) If any person is killed by any explosion, 
or other accident, the operator must also notify the coroner of the 
county, or in his absence or inability to act, any justice of the peace 
of said county, for the purpose of holding an inquest concerning the 
cause of such death. At such inquest the inspector shall offer such 
testimony as he may be possessed of, and may question or cross 
question any witness appearing in the case. 

Investigation by Inspector.] (c) The inspector may also make 
any original or supplemental investigation which he may deem neces- 
sary, as to the nature and cause of any accident within his jurisdiction, 
and shall make a record of the circumstances attending the same, and 
of the result of his investigations, for preservation in the files of his 
office. To enable him to make such investigation he shall have the 
power to compel the attendance of witnesses, and to administer oaths 
or affirmations to them, and the cost of such investigations shall be 
paid by the county in which such accident has occurred, in the same 
manner as the costs of coroners 1 inquests are paid. 

MEN ON CAGES. 

§ 28. Top Man and Bottom Man.] (a) At every shaft operated 
by steam power, the operator must station at the top and at the bot- 
tom of such shaft, a competent man charged with the duty of attend- 



MINES AND MINING. 323 



ang to signals, preserving order, and enforcing the rules governing 
the carriage of men on cages. Said top man and bottom man shall 
be at their respective posts of duty at least a half hour before the 
hoisting of coal begins in the morning, and remain for half an hour 
after hoisting ceases for the day. 

Lights on Landings.] (b) Whenever the hoisting or lowering of 
men occurs before daylight or after dark, or when the landing at 
which men take or leave the cage is at all obscured by steam or 
otherwise, there must always be maintained at such landing a light 
sufficient to show the landing and surrounding objects distinctly. 
Likewise, as long as there are men underground in any mine, the 
operator shall maintain a good and sufficient light at the bottom of 
the shaft thereof, so that persons coming to the bottom may clearly 
discern the cage and objects in the vicinity. 

Speed of Cages and Other Regulations.] (c) Cages on which 
men are riding shall not be lifted nor lowered at a rate of speed greater 
than sis hundred feet per minute, except with the written consent of 
the inspector. No person shall carry any tools, timber or other ma- 
terials with him on a cage in motion, except for use in repairing the 
■shaft, and no one shall ride on a cage containing either a loaded or 
«mpty car. No cage having an unstable or self-dumping; platform 
shall be used for the carriage of men or materials, unless the same is 
provided with some convenient device by which said platform can be 
securely locked, and unless it is so locked whenever men or materials 
are being conveyed thereon. No coal shall be hoisted in any shaft 
while men are being lowered therein. 

Rights of Men to Come Out.] (d) Whenever men who have fin- 
ished their day's work, or have been prevented from further work, 
shall come to the bottom to be hoisted out, an empty cage shall be 
given them for that purpose, unless there is an available exit by 
slope or by stairway in an escapement shaft, and providing there is 
no coal at the bottom ready to be hoisted. 

safety lamps. 

§ 29 Operator Must Furnish.] (a) At any mine where the in- 
spector shall find that fire-damp is being generated so as to require 
the use of a safety lamp in any part thereof, the operator of such 
mine, upon receiving notice from the inspector that one or more 
such lamps are necessary to the safety of the men in such mine, shall 
at once procure and keep for use such number of safety lamps as 
may be necessary. 

Mine Manager Must Care For.] (6) All safety lamps used for 
examining mines or for working therein shall be the property of the 
operator, and shall remain in the custody of the mine manager, or 
other competent person, who shall clean, fill, trim, examine and de- 
liver the same, locked and in a safe condition, to the men, upon their 
request, when entering the mine, and shall receive the same from the 
men at the end of their shift. But miners shall be responsible for 
the condition and proper use of safety lamps when in their possession, 



324 MINES AND MINING. 



STRETCHERS AND BLANKETS. 

§ 30. At every mine where fifty men are employed underground 
it shall be the duty of the operator thereof to keep always on hand, 
and at some readily accessible place, a properly constructed stretcher, 
a woolen and waterproof blanket, and a roll of bandages in good con- 
dition and ready for immediate use for binding, covering and carry- 
ing any one who may be injured at the mine. When two hundred 
or more men are employed in any mine, two stretchers and two woolen 
and two waterproof blankets, with a corresponding supply of band- 
ages, shall be provided and kept on hand. At mines where fire-damp 
is generated there shall also be provided and kept in store, a suitable 
supply of linseed or olive oil, for use in case men are burned by an 
explosion. 

CAUTION TO MINERS. 

§ 31. It shall be unlawful for any miner, workman or other per- 
son knowingly or carelessly to injure any shaft, safety lamp, instru- 
ment, air-course or brattice, or to obstruct or throw open any air-way, 
or carry any open lamp or lighted pipe or fire in any form into any 
place worked by the light of safety lamps, or within five feet of any 
open powder, or to handle or disturb any part of the hoisting ma- 
chinery, or open any door regulating an air-current and not close the 
same, or to enter any part of the mine against caution, or to use other 
than copper needles and copper-tipped tampin.g bars, or to disobey 
any order given in pursuance of this act, or to do any willful act 
whereby the lives or health of persons working in mines or the se- 
curity of the mine or the machinery thereof is endangered. 

§ 32. It shall be the duty of every operator to post, on the engine 
house and at the pit top of his mine, in such manner that the em- 
ployes in the mine can read them, rules not inconsistent with this 
act, plainly printed in the English language, which shall govern all 
persons working in the mine. And the posting of such notice, as 
provided, shall charge all employes of such mine with legal notice of 
the contents thereof. 

PENALTIES. 

§ 33. Any willful neglect, refusal or failure to do the things re- 
quired to be done by any section, clause or provision of this act, on 
the part of the person or persons herein required to do them, or any 
violation of any of the provisions or requirements hereof, or any at- 
tempt to obstruct or interfere with any inspector in the discharge of 
the duties herein imposed upon him, or any refusal to comply with 
the instructions of [of ] an inspector given by authority of this act, shall 
be deemed a misdemeanor punishable by a fine not exceeding five 
hundred dollars, or by imprisonment in the county jail for a period 
not exceeding six months or both, at the discretion of the court: 
Provided, that in addition to the above penalties, in case of the fail- 
ure of any operator to comply with the provisions of this act in rela- 
tion to the sinking of escapment shafts and the ventilation of mines, 



MINES AND MINING. 325 



the State's attorney for the county in which such failure occurs, or 
any other attorney, in case of his neglect to act promptly, shall pro- 
ceed against such operator by injunction without bond, to restrain 
him from continuing to operate such mine until all legal require- 
ments shall have been fully complied with. 

Any inspector who shall discover that any section of this act, or 
part thereof, is being neglected or violated, shall order immediate 
compliance therewith, and in case of continued failure to comply, 
shall, through the State's attorney, or any other attorney, in case of 
his failure to act promptly, take the necessary legal steps to enforce 
compliance therewith through the penalties herein prescribed. 

If it becomes necessary, through the refusal or failure of the 
State's attorney to act, for any other attorney to appear for the State 
in any suit involving the enforcement of any provision of this act, 
reasonable fees for the services of such attorney shall be allowed by 
the board of supervisors, or county commissioners, in and for the 
county in which such proceedings are instituted. 

For any injury to person or property, occasioned by any willful 
violations of this act, or willful failure to comply with any of its pro- 
visions, a right of action shall accrue to the party injured for any 
direct damages sustained thereby; and, in case of loss of life by 
reason of such willful violation or willful failure as aforesaid, a right 
of action shall accrue to the widow of the person so killed, his 
lineal heirs or adopted children, or to any other person or persons 
who were, before such loss of life, dependent for support on the per- 
son or persons so killed, for a like recovery of damages for the in- 
juries sustained by reason of such loss of life or lives, not to exceed 
the sum of five thousand dollars. 

DEFINITIONS. 

§ 34. Mine.] (a) In this act the words "mine" and "coal mine," 
used in their general sense, are intended to signify any and all parts 
of the inroperty of a mining plant, on the surface or underground, 
which contribute, directly or indirectly, under one management, to 
the mining or handling of coal. 

Excavations or Workings.] (6) The words "excavations" and 
""workings" signify any or all parts of a mine excavated or being ex- 
cavated, including shafts, tunnels, entries, rooms and working places, 
whether abandoned or in use. 

Shaft.] (c) The term "shaft" means any vertical opening through 
the strata which is or may be used for purposes of ventilation or es- 
capement, or for the hoisting or lowering of men and material in 
connection with the mining of coal. 

Slope or Drift.] (d) The term "slope" or "drift" means any in- 
clined or horizontal way, opening or tunnel to a seam of coal to be 
<used for the same purposss as a shaft. 

Operator.] (e) The term "operator" as applied to the party in 
control of a mine in this act, signifies the person, firm or body cor- 



326 PARKS AND BOULEVARDS. 



porate who is the immediate proprietor as owner or lessee of the 
plant, and, as such, responsible for the condition and management 
thereof. 

Inspector.] (/) The term "inspector" in this act signifies the 
State Inspector of Mines, within and for the district to which he 
is appointed. 

Mine Manager.] (g) The "mine manager' is the person who is 
charged with the general direction of the underground work, or 
both the underground and outside work of any coal mine, and who 
is commonly known and designated as "mine boss," or "foreman,' 
or "pit boss." 

Mine Examiner.] (h) The "mine examiner" is the person charged 
with the examination of the condition of the mine before the miners 
are permitted to enter it, and who is commonly .known, and has been, 
designated in former enactments as the "fire-boss." 

Approved April 18, 1899. 



PARKS AND BOULEVARDS. 



additional tax for park purposes. 

§ 1. Authorizes additional tax on property within park district for locating and maintaining 
a public park, boulevard, driveway, etc. 

An Act to enable park commissioners to maintain and govern parks, 
boulevards, driveways, promenades and pleasure grounds under 
their control. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That persons who have been 
or may be appointed or otherwise selected as commissioners or offi- 
cers and constituted a board of public park commissioners for any 
three towns, under and in pursuance of any act or acts of the Gen- 
eral Assembly of this State, which has or have been or may be sub- 
mitted to the legal voters of such three towns and by them respect- 
ively adopted for the purpose of locating, establishing, enclosing, 
improving or maintaining any public park, boulevard, driveway, 
highway or other public work or improvement shall, in addition to 
the amount of money now authorized to be raised by any such board 
by taxation on the property embraced in such park district in such 
three towns, be allowed a sum not exceeding one and one-half mill 
on each dollar of taxable property embraced in such park district, 
according to the valuation of the same, as made for the purpose of 
State and county taxation by the general assessment last preceding 
the time when such one and one-half mill tax shall be levied. And 
the county clerk of the county in which such park district is located, 
or such other officer or officers, as are by law authorized to spread or 
assess taxes for park purposes and other purposes, shall, on receiv- 
ing a certificate from such board of park commissioners that the 



PARKS AND BOULEVARDS. 



327 



amount mentioned in such certificate, not exceeding the amount 
aforesaid, is necessary for the proper improvement, governance and 
maintenance of the park property under its control, spread and assess 
such amount upon the taxable property embraced in such park district 
the same as other park taxes are by law spread and assessed, and the 
same shall be collected and paid over the same as other park taxes 
are now required by law to be collected and paid. 

Approved April 21, 1899. 



ENLARGEMENT OF PARK SYSTEMS. 



I 1. Provides that park commissioners of 
any three towns may acquire contigu- 
ous territory to enlarge park system. 



§ 2. Lands— how paid for. 



An Act to enable park commissioners to alter or enlarge park sys- 
tems under their control by acquiring additional lands or terri- 
tory contiguous to or abutting upon any park, boulevard or 
driveway under the control of such park commissioners, and to 
pay for the lands and territory thus acquired. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That persons who have been 
or may be appointed or otherwise selected as commissioners or offi- 
cers, and constituted a board of public park commissioners for any 
three towns, under and in pursuance of any act or acts of the Gen- 
eral Assembly of this State, which has or have been or may be sub- 
mitted to the legal voters of such three towns, and by them respect- 
ively adopted for the purpose of locating, establishing, enclosing, 
improving or maintaining any public park, boulevard, driveway, 
highway or any other public work or improvement, who may desire 
to alter or enlarge the park system under their control by acquiring 
additional lands or territory abutting upon or contiguous to any 
public park, boulevard, driveway, highway, pleasure ground or other 
public work or improvement under their control, are hereby vested 
with power to take and acquire title to such pieces, parcels or tracts 
of land as may be necessary for such alteration or enlargement, and 
may proceed to procure the condemnation of the same in the manner 
prescribed in the act of the General Assembly entitled, "An act to 
provide for the exercise of the right of eminent domain," approved 
April 10, 1872, the provisions of which said act are hereby extended 
to such park commissioners. 

§ 2. Such' park commissioners shall have the power to pay for 
any lands or territory thus acquired out of their general revenues. 

Approved April 21, 1899. 



328 PARKS AND BOULEVARDS. 

LAKE FRONT. 

2 1. Name "Lake Front" changed to "Grant Park." 

An Act to convey and designating certain submerged lands known 
as "Lake Front" for park purposes. 

Whereas, Many Grand Army posts, members of the Grand Army, 
civic organizations and clubs, and citizens of the city of Chicago, 
and State of Illinois, have petitioned the General Assembly to name 
and designate by act, the park which is making and about to be 
made upon the lake front in the city of Chicago; and 

Whereas, The title to the land in Chicago, commonly knowu and 
designated as the "Lake Front," lying along the lake shore, and 
extending south of Randolph street, north of Park Row and east of 
Michigan avenue, and a part of which is yet submerged under the 
waters of Lake Michigan, but the reclamation of which is contem- 
plated and being now undertaken by the filling in from the present 
shore line hereafter, is still, we believe, in the State of Illinois; and 

Whereas, The city of Chicago, by the action of the city council, 
has formally transferred the possession, care, improvement and man- 
agement of said "Lake Front"' to what is known as the "Board of 
South Park Commissioners," for the express purpose of establishing 
a public park and pleasure ground thereon, but the title to which 
not being vested in said •"Board of South Park Commissioners," said 
board is prevented and delayed from carrying out and perfecting the 
plans necessary for the proper development and improvement of a 
public park in said "Lake Front," and in discharging all their obli- 
gations and duties in that behalf, as contemplated and planned by 
said "Board of South Park Commissioners;" and 

Whereas, There are now in the city of Chicago a number of pub- 
lic parks and squares named, respectively, after such illustrious 
statesmen, heroes and scientists as Washington, Lincoln, Jackson, 
Jefferson, Sheridan, Garfield, Douglas, Logan, Dearborn and Hum- 
boldt, but not one named after the great, silent soldier of Illinois, 
U. S. Grant; therefore 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the land or lands locat- 
ed in the city of Chicago, county of Cook, State of Illinois, extend- 
ing south of Randolph street, north of Park Row, and east of 
Michigan avenue, commonly known and designated as the "'Lake 
Front," shall be, and are hereafter to be, called, designated and known 
as "Grant Park." 

Approved April 24, 1899. 



\ 38. How property may be annexed— elec- 
tion. 



PARKS. 329 

ORGANIZATION OF PARK DISTRICTS AND TRANSFER OF SUBMERGED LANDS. 

f! L Amends sections 11, 15. 26 and 38 of the I 26. Duties of town clerk and collector. 
Act of 1895. 

§ 11. Powers of commissioners — viola- 
tion of ordinances— police. 

§ 15. How and what land park districts 
may acciuire 

An Act to amend Sections eleven (11), fifteen (15). twenty-six (26), 
and thirty -eight (38) of an act entitled "An act to provide J or the 
organization of park districts and the transfer of submerged 
lands to those bordering on navigable bodies of ivater," approved 
June 24, 1895, in force July 1, 1895. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That sections eleven, fifteen, 
twenty-six and thirty-eight of an act entitled "An act to provide for 
the organization of park districts and the transfer of submerged 
lands to those bordering on navigable bodies of water," approved 
June 24:. 1895, in force July 1, 1895. be, and the same are hereby, 
amended so as to read as follows: 

§ 11. Powers of Commissioners — Violation of Ordinances — 
Police.] The commissioners elected in any park district organized 
under this act shall constitute the corporate authorities of such dis- 
trict and a majority thereof shall constitute a quorum at any meet- 
ing thereof. They shall have power to pass all necessary ordinances, 
rules and regulations for the proper management and conduct of the 
business of said board and of said corporation and for carrying into 
effect the objects for which said park district is formed. They 
shey shall have full power to manage and control all the officers and 
property of said district, and all parks, boulevards and driveways 
maintained by such park district, or committed to its care and cus- 
tody. They may by ordinance regulate and restrain the use by the 
public or by individuals of any or all such parks, boulevards and 
■driveways, and may exclude therefrom funeral processions, hearses, 
traffic teams and teaming, and all objectionable travel and traffic, and 
may prescribe such fines and penalties for the violation of ordinances 
as they shall deem proper, not exceeding two hundred dollars for 
any one offense, which fines and penalties may be recovered by suit 
in the name of such park district before any justice of the psace in 
the county in which such violation occurred. The procedure in such 
suits shall be the same as that provided by law for like suits for the 
violation of ordinances of cities organized under the general laws of this 
State, and offenders may be imprisoned for non-payment of fines and 
costs in the same manner as in such cities. All fines when collected 
shall be paid into the treasury of such park district. In addition to 
the officers above mentioned, said board of commissioners may em- 
ploy such engineers, clerks and other employes, including a police 



330 PARKS. 



force, as may be required, and may define and prescribe their respect- 
ive duties and compensation. The park' commissioners and all 
police officers appointed by them shall be conservators of the peace 
within and upon such parks, boulevards, driveways and property 
controlled by such park district, and shall have power to make 
arrests on view of the offense, or upon warrants for violation of any 
of the penal ordinances of such park districts, or for any breach of 
the peace, in the same manner as the police in such cities. 

§ 15. HOW AND WHAT LAND PAEK DISTRICTS MAY ACQUIRE.] Said 

park district shall have power to acquire by gift, grant or purchase, 
or by condemnation under the act of eminent domain, any and all 
real estate, lands, riparian estates or rights, and all other property 
required or needed for any such park or boulevard, or for extending, 
adorning or maintaining the same, and located within its territory. 
When condemnation proceedings are had they shall conform as nearly 
as practicable to such proceedings by cities and villages as set out in 
article IX. of chapter 24 of the Revised Statutes of Illinois and any 
amendments thereto. 

§ 26. Duties of town clerk and collector.] The town clerk 
and the treasurer of such park district shall perform the duties in re- 
gard to the collection of said assessment provided in said article IX. 
to be performed by the city clerk and the city collector, respectively. 

§ 38. How property may be annexed— election, etc. J Terri- 
tory adjoining and in the same county with any park district organ- 
ized under this act may be annexed to and become a part of such 
district in the manner following: Any one hundred legal voters,, 
residents within the territory proposed to be annexed, may petition 
the county judge of the county wherein land proposed to be annexed 
lies, to cause the question to be submitted to the legal voters of such 
park district and of the territory proposed to be annexed whether 
such territory shall be annexed and become a part of the adjoining 
park district, and the petition shall set forth the name of the park 
district and define the limits of the territory proposed to be annexed 
thereto. Upon the filing of the petition in the office of the county 
clerk of the county in which such territory is situated, it shall be the 
duty of the county judge of said county to order an election to be 
held in the territory proposed to be annexed, and also in said park 
district, and in such order said judge shall fix the time and place or 
places when and where the election may be held to determine the 
question of annexation, and shall name the persons to act as judges 
of such election, and shall give twenty days' notice thereof by caus- 
ing notice to be posted in five public places within the territory pro- 
posed to be annexed, and also in five public places within such park 
district. The ballot to be used at such election shall be in the fol- 
lowing form: 

"For annexation" 



"Against -annexation" 

The judges at such election shall make return thereof to the county 
judge, who shall canvass such returns and cause a statement of the 



PAKKS — RAILROADS. 



332 



result of such election to be entered upon the records of the county 
court, a certified copy of which record shall be by said commissioners 
spread upon the records of said park district. If a majority of the 
votes cast upon that question at such election in the territory pro- 
posed to be annexed shall be for annexation, and also if a majority 
of the votes cast upon that question in the park district shall be for 
annexation, then said adjoining territory shall thenceforth become 
and be a part of such district the same as though originally in- 
cluded therein. 

Approved April 22, 1899. 



RAILROADS. 



ACT IN REGARD TO STREET RAILROADS. 



1. Eminent domain— how operated. 

2. Compensation for property taken or 

damaged. 



I 3. 



Location of road- 
damages. 



■ consent — notice — 



§ 4. Control ot street preserved 
powers. 

I 5. Repeals Acts of 1874 and 1897. 

I 6. Emergency. 



police 



An Act entitled an act in regard to street railroads, and to repeal 
certain acts herein referred to. 

Section 1. Be it enacted by the People of the Stcde of Illinois, 
represented in the General Assembly: That any company which 
has been or shall be incorporated under the general laws of this State 
for the purpose of constructing, maintaining or operating any horse, 
dummy or street railroad or tramway, may enter upon and appro- 
priate any property necessary for the construction, maintenance and 
operation of its road, and all necessary siding, side tracks and appur- 
tenances, and may, subject to the provisions contained in this act, 
locate and construct its road upon and over any street, alley, road or 
highway, or across or over any waters in this State, in such manner 
as not to unnecessarily obstruct the public use of such street, alley, 
road or highway, or interrupt the navigation of such waters: Pro- 
vided, every such street railway may be operated by animal, cable, 
electric or any other motive power that may have been or shall here- 
after be granted to it by the proper public officers or authorities, ex- 
cept steam locomotive engines. 

§ 2. When it is necessary for the construction, maintenance or 
operation of such road, or the necessary sidings, side tracks or appur- 
tenances, to take or damage private property, the same may be done, 
and the compensation therefor may be ascertained and made in the 
manner which may be then provided by law for the exercise of the 
right of eminent domain. 

§ 3. No such company shall have the right to locate or construct 
its road upon or along any street or alley, or over any public ground 
in any incorporated city, town or village without the consent of the 



332 EAILROADS. 



corporate authorities of such city, town or village, nor upon or along 
any road or highway, or upon any public ground without any incorpor- 
ated city, town or village, except upon the consent of the county 
board. Such consent may be granted for any period not longer than 
twenty years, on the petition of the company, upon such terms and 
conditions not inconsistent with the provisions of this act, as such 
corporate authorities or county board, as the case may be, shall deem 
for the best interests of the public: Provided, no such consent shall 
be granted unless at least ten" days' public notice of the time and 
place of presenting such petition shall have been first given by pub- 
lication in some newspaper published in the city or county where 
such road is to be constructed, and except upon the condition that 
the company will pay ail damages to owners of property abutting 
upon the street, alley, road, highway or public ground upon or over 
which such road is to be constructed, which they may sustain by 
reason of the location or construction of the road; the same to be 
ascertained and paid in the manner provided by law for the exercise 
of the right of eminent domain. 

§ 4. Every grant to any such company of a right to use any 
street, alley, road, highway or public ground shall be subject to the 
right of the proper authorities to control the use, improvement and 
repair of such street, alley, road, highway or public ground, to the 
same extent as if no such grant had been made, and to make all 
necessary police regulations concerning the management and opera- 
tion of such railroad, whether such right is reserved in the grant or 
not. 

§ 5. That an act entitled "An act in regard to horse and dummy 
railroads," approved March 19, 1874, and in force July 1, 1874; an 
act entitled '"An act to amend the title and sections one (1) and three 
(3) of an act entitled 'An act in regard to horse and dummy rail- 
roads,' " approved June 9, 1897, in force July 1, 1897, and all acts or 
parts of acts inconsistent herewith are hereby repealed. 

§ 6. Whereas, the public interests require that this act take 
effect immediately, therefore an emergency exists, and this act shall 
take effect and be in force from and after its passage. 

Approved March 7, 1899. 



TRAINS TO STOP AT COUNTY SEATS. 

I 1. Amends section 25. Act of 1874, as I I 25, Stopping passenger trains at county 
amended 1879. I seats. 

An Act to amend Section 25 of "An act in relation to fencing and 
operating railroads" approved March 31, 1874, in force July 1, 
1874, as amended by an act approved May 29, 1879,. in force Ju ly 
1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 25 of an act 
entitled, "An act in relation to fencing and operating railroads,'' 



RAILROADS — REFORMATORY, STATE. 333 



approved March 31, 1874, in force July 1, 1874, as amended by an act 
approved May 29, 1879, in force July 1, 1879, be amended so as to 
read as follows: 

§ 25. Every railroad corporation shall cause its passenger trains 
to stop upon its arrival at each station advertised by such corporation 
as a place for receiving and discharging passengers, upon and from 
such trains, a sufficient length of time to receive and let off such 
passengers with safety: Provided, all regular passenger trains shall 
stop a sufficient length of time at the railroad stations of county 
seats, to receive and let off passengers with safety: But, provided 
farther, that where three (3) regular passenger trains each way each 
day are so stopped at the railroad stations of county seats on any 
division of any railroad in this State, it shall be lawful for not more 
than two through express or mail passenger trains carrying mail or 
express and passengers from one state to another, each way each day, 
to pas sthrough the railroad stations of the county seats on such 
division in this State without stopping. 

Approved April 11, 1899. 



REFORMATORY, STATE. 



PAROLE SYSTEM. 



L. Amends sections 16 and 17 of the Act 
of 1891. 

I 16. Board of managers may permit 
prisoners to go on parole if ar- 
rangements have been made for 
six months' useful employment. 



Duties of board of managers— superin- 
tendent to keep record of name, age, 
nationality, etc. — physician to exam- 
ine prisoner on admission and keep 
record of examination— treatment of 
prisoner violating conditions of 
parole. 



An Act to amend Sections 16 and 17 of an act entitled, -An act to 
establish the Illinois State Reformatory and making an appro- 
priation therefor," approved June IS, 1891, in force July 1, 1891. 

Be it enacted by the People of the State of Illinois, represented 
in the General Assembly : That sections 16 and 17 of an act entitled, 
"An act to establish the Illinois State Reformatory and making an 
appropriation therefor," approved June 18, 1891, in force July 1, 
1891, be amended so as to read as follows: 

§ 16. The said board of managers shall have power to establish 
rules and regulations under which prisoners within the reformatory 
may be allowed to go upon parole outside of the reformatory building 
and inciosure, but to remain while on parole in the legal custody and 
under control of the board of managers; and subject at any time to 
be taken back within the inciosure of said reformatory; and full 
power to enforce such rules and regulations, to re-take and re- 
imprison any inmate so upon parole is hereby conferred upon said 
board. The warrant of the superintendent, with the seal of the re- 
formatory attached thereto, shall be a sufficient warrant for the officer 



334 REFORMATORY, STATE. 



named in it to authorize such officer to return to actual custody any 
■conditionally released or paroled prisoner; and it is hereby made the 
duty of all officers to execute said warrant the same as ordinary 
criminal process: Provided, that no prisoner shall be released on 
parole until the said board of managers shall have satisfactory evi- 
dence that arrangements have been made for his honorable and use- 
ful employment for at least six months while upon parole in some 
■suitable occupation. 

§ 17. It shall be the duty of said board of managers to adopt such 
rules concerning all prisoners committed to their custody as shall 
prevent them from returning to criminal courses, best secure their 
self-support and accomplish their reformation. When any prisoner 
shall be received into said reformatory, the general superintendent 
shall cause to be entered into a register the date of such admission, the 
name, age, nativity, nationality, with such other facts as can be 
ascertained of parentage, education, occupation and early social in- 
fluences as seem to indicate the constitutional and acquired defects 
and tendencies of the prisoner, and. based upon these, an estimate of 
the present condition of the prisoner and the best probable plan of 
treatment. And the physician of said reformatory shall carefully 
examine each prisoner when received, and shall enter in a register to 
be kept by him the name, nationality or race, the weight, statute and 
family history of each prisoner; also a statement of the condition of 
the heart, lungs and other leading organs, the rate of the pulse and 
respiration, the measurement of the chest and abdomen, and any 
existing diease or deformity or other disability acquired or inherited. 
Upon the general superintendent's register shall be entered, from 
time to time, minutes of observed improvement or deterioration of 
character and notes as to methods and treatment employed; also all 
alterations affecting the standing or situation of such prisoner and 
any subsequent facts or personal history which may be brought 
officially to his knowledge, bearing upon the question of the parole 
or final release of said prisoner. And it is hereby provided that if 
any prisoner on parole shall violate the conditions of his parole or 
conditional release (by whatever name) as affixed by the managers, 
he shall thereafter be treated as an escaped prisoner owing service to 
the State, and shall be liable, when arrested, to serve out the unex- 
pired term of his maximum possible imprisonment, and the time 
from the date of his declared delinquency to the date of his arrest 
shall not be counted as any part or portion of time served. And any 
prisoner at large, upon parole or conditional release, who shall com- 
mit a fresh crime, and upon conviction thereof, shall be sentenced 
anew to the reformatory or penitentiary, shall be subject to serve the 
second sentence after the first sentence is served or annulled, said 
second sentence to commence from the termination of his liability 
.upon the first or former sentence. 

Approved April 21, 1899. 



REVENUE. 385 



REVENUE. 



APPOINTMENT OF DEPUTY ASSESSORS. 
§ 1. Amends section 6 of the Act of 1898. I 2. Emergency. 

I 6. Deputy assessors— number, term of 
office, duties, compensation — 
county treasurer of certain coun- 
ties to pay deputies— map and 
plats to be kept in office. 

An Act to amend Section 6 of an act entitled "An act for the as- 
sessment of property, and providing the means therefor'' am} to 
repeal a certain act therein named, approved February 25, 1898. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General \ Assembly : That section six (6) of an 
act entitled, "An act for the assessment of property, and providing 
the means therefor." and to repeal a certain act therein named, ap- 
proved February 25, 1898. in force July 1, 1898, be amended to read 
as follows: 

§ 6. The board of assessors shall have power to appoint as many 
suitable persons as in their judgment are necessary to act as deputies, 
subject to the approval of the board of review as to the number and 
time of service of such deputies to assist them in making the assess- 
ment, who shall perform such duties as may be 'assigned to them by 
the board of assessors. They shall hold their office during the will 
of the board of assessors, and shall receive such compensation as 
shall be determined by the the board not exceeding five dollars 
($5.00) per day: Provided, that the assessors and deputy assessors 
of counties of one hundred and twenty-five thousand inhabitants or 
over shall be paid for their services out of the county treasury. 
Such deputy assessors shall before entering upon their duties take 
and subscribe the oath or affirmation prescribed for the assessors. 

The board of assessors shall have power and authority to make 
and purchase such maps and plats as will facilitate the business of 
their office, which maps and plats shall always be and remain in 
their office, and shall be open and accessible to the public. 

§ 2. Whereas, an emergency exists for the immediate taking 
effect of this act, therefore it shall be in force from and after its 
passage. 

Approved April 24, 1899. 



336 



REVENUE. 



GENERAL LEVY FOR STATE PURPOSES. 



1. Provides for the levying of $3,300,000 
per annum for "revenue fund" and 
$1, 000, 000 per annum for "State school 
fund. 



\ 2. C4overnor and Auditor to compute rates 
per cent. 



An Act to provide for the necessary revenue for State purposes. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there shall be raised, 
by levying a tax by valuation upon the assessed taxable property of 
the State, the following sums for the purposes hereinafter set forth: 

For general State purposes, to be designated '"'revenue fund," the 
sum of three million three hundred thousand (3.300,000) dollars 
upon the assessed value of property for the year A. D. 1899; three 
million three hundred thousand (3.300.000) dollars upon the as- 
sessed value of property for the year A. D. 1900; and for State 
school purposes, to be designated "State school fund,' 7 the sum of 
one million (1.000.000) dollars upon the assessed taxable property 
for the year A. D. 1899, and the sum of one million (1,000,000) 
dollars upon the assessed taxable property for the year A. D. 1900. 
in lieu of the two mill tax. 

§ 2. The Governor and Auditor shall annually compute the several 
rates per cent required to produce not less than the above amounts, 
anything in any other act providing a different manner of ascertain- 
ing the amount of revenue required to be levied for State purposes 
to the contrary notwithstanding, and when so ascertained, the Auditor 
shall certify to the county clerks the proper rates per cent therefor, 
and also such definite rates for other purposes as are now, or may 
hereafter be provided by law, to be levied and collected as State 
taxes, and all laws and parts of laws in conflict with this act are 
hereby repealed. 

Approved April 21, 1899. 



ROADS AND BRIDGES. 337 



ROADS AND BRIDGES. 



CHANGING BOUNDARIES OF ROAD DISTRICTS 

§ 1. Enacting clause. § 2. Emergency. 

I 116. County commissioners given pow- 
er to change boundaries of road 
districts. 

I 117. Incorporated cities, towns and vil- 
lages excluded from all districts 
unless by ordinance they elect 
to be included. 

An Act to amend Section 1 of an act entitled, "An act to amend an 
act entitled 'An act to provide for the organization of road dis- 
tricts, the election and duties of officers therein, and in regard to 
roads and bridges in counties not under township organization, 
and to repeal an act and parts of acts therein named,'' approved 
May 4, 1887, and in force July 1, 1887, hy adding thereto sections 
to be numbered 116 and 117, v approved June 18, 1891, in force 
July 1, 1891. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That "An act to provide for 
the organization of road districts, the election and duties of officers 
therein, and in regard to roads and bridges in counties not under 
township organization, and to repeal an act and parts of acts therein 
named," approved May 4, 1887, and in force July 1, 1887. be amended 
by adding thereto sections to be numbered: 

§ 116. The board of county commissioners of each county shall 
have full and complete power and jurisdiction to alter the boundaries 
of road districts and to change road district lines in their respective 
counties to suit the convenience of the inhabitants residing therein, 
but no such change shall be made under the provisions of this act 
unless at least twenty of the legal voters of such road district shall 
petition for such alteration or change; nor shall such alteration or 
change be made by such board of county cornmissioners without 
notice thereof having been given by posting up notices in not less 
than five of the most public places in each of the several road dis- 
tricts interested in such proposed alterations or changes. 

§ 117. That hereafter all incorporated cities, towms and villages 
shall be excluded from all road districts now formed or to be formed 
in counties not under township organization in this State. Pro- 
vided, however, that such incorporated cities, towns and villages, in 
counties not under township organization, may by ordinance elect 
to be included in such districts. Upon the filing with the county 
clerk of such county a copy of such ordinance, it shall be the duty of 
the county board of commissioners, at their first session thereafter, 
to create such city, town or village into a road district, or to make it 
a part of some road district already formed. 

§ 2. Whereas, an emergency exists, therefore this act shall take 
effect and be in force from and after its passage. 

Approved April 24, 1899. 
—22 



338 



ROADS AND BRIDGES. 



CONSTRUCTION OF BRIDGES AND CULVERTS. 



Constructed so as to sustain a weight 
of 100 pounds to the square foot. 



Penalty. 



An Act to regulate the construction of bridges and culverts. 

Section 1 . Be it enacted by the people of the State of Illinois, 
represented in the General Assembly : That it shall be unlawful 
hereafter to construct any bridge or culvert over any ravine, creek 
or river upon a public highway or street in any town, county or city 
in this State, unless such bridge or culvert shall have the capacity 
of sustaining a weight of at least one hundred pounds to the square 
foot. 

§ 2. Any person who shall violate section 1 of this act shall be 
deemed guilty of a misdemeanor, and, on conviction, shall be fined 
not to exceed two hundred dollars. 

Approved April 21, 1899. 



constrtction of bridges on county lines. 



I 1. Amends section 21, Act of 1883. \ 21. Bridges over streams between coun- 

ties or towns— how built— courts may 
compel county to make appropria- 
tion. 

An Act to amend Section 21 of an act entitled, "An act in regard to 
roads and bridges in counties under township organization and 
to repeal an act and parts of acts therein named" approved June 
23, 1883, in force July 1, 1883. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 21 of an act en- 
titled, "An act in regard to roads and bridges in counties under 
township organization and to repeal an act and parts of acts therein 
named," approved June 23, 1883, in force July 1, 1883, be amended 
to read as follows: 

§ 21. Bridges over streams which divide towns or counties, and 
bridges over streams on roads on county or town lines, shall be built 
and repaired at the expense of such towns or counties. And all 
bridges over streams which form the boundary line between two 
counties, when the cost of constructing the same shall be $5,000 or 
over, shall be built by the counties respectively which are so divided 
by said stream in the proportion that the taxable property in each 
county respectively bears to each other according to its assessed 
value as equalized at the time of constructing such bridge. And 
when any county desires to build a bridge across any stream which is 
the boundary line between such county and another county, and the 
cost of such bridge will equal or exceed $5,000, and the county desir- 
ing to construct such bridge has appropriated its share of the cost of 
constructing the same, then it shall be the duty of such other county 
to make an appropriation for its proportion of the cost of said bridge 



ROADS AND BRIDGES. 



339 



on the basis of the assessed value of the property, real and personal, 
of each of said counties according to the last preceding assessment 
thereof as equalized, and if such other county fails or refuses to make 
an appropriation for its proper proportion of the cost of constructing 
such bridge, any court of competent jurisdiction shall issue an order 
to compel such county to make such appropriation upon a proper 
petition for that purpose, and the cost and expense of maintaining 
and keeping the same in repair after the same is built and con- 
structed shall be borne in the proportion of the assessed value of the 
property in each of said counties according to the latest equalized 
assessment thereof: Provided, that for the building and maintain- 
ing of bridges over streams near county or town lines in which both 
are interested and where the cost thereof is less than $5,000, the ex- 
pense of building and maintaining any such bridges shall be borne by 
both counties or towns in such portion as shall be just and equitable 
between said towns or counties, taking into consideration the taxable 
property in each, the location of the bridge, and the advantage of 
each, to be determined by the commissioners in making contracts for 
the same, as provided for in section 22 of this act. 
Approved April 12, 1899. 



ITINERANT CAMPING ON PUBLIC HIGHWAYS. 



§ 3. Complaint and penalty. 
2 4. Levy on and sale of stock. 
§ 5. Disposition of fines. 



I 1. Feeding stock, or temporary camping 
on highways exceeding twelve hours 
in one township, prohibited. 

I 2. Declared a public nuisance. 

An Act in regard to itinerant camping on public highways. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That it shall be unlawful 
for any itinerant person or persons on any public highway in this 
State to either hitch or turn loose any stock, cows, horses or other 
animals for purpose of feeding same, or for purpose of temporary 
camping on such public highways of this State for a period to ex- 
ceed twelve hours in any one township. 

§ 2. Any person or persons so found camping on or alongside the 
public highways of this State, or found feeding any stock, as hereto- 
fore designated, along said public highways, shall be deemed and 
hereby declared a public nuisance. 

§ 3. Any legal voter or resident of this State may enter com- 
plaint before any justice of the peace for this State against any per- 
son or persons found violating the preceding sections of this act and 
it shall be the duty of such justice of the peace to issue his warrant 
for the arrest of such violators and have them brought forthwith be- 
fore said justice of the peace for examination, and if found guilty of 
such violation as charged, shall be fined in a sum not less than ten 



340 



EOADS AND BRIDGES. 



dollars ($10.00) or exceeding fifty dollars ($50.00) for each such of- 
fense, or committed to the county jail not exceeding thirty days, at 
the discretion of such justice of the peace. 

§ 4. Upon failure to pay such fine as may be assessed as above 
provided, execution may be issued and immediate levy made upon 
the stock of such violators and the same sold to the highest bidder 
at public auction, as is provided in other levies and sales under exe- 
cution. 

§ 5. All funds collected under this act shall be turned over to the 
treasurer of the commissioners of highways of the town or township 
wherein such violation occurs, to be expended upon the roads and 
bridges of said township. 

Approved April 21, 1899. 



HIGH WATER ROADS IN COUNTIES NOT UNDER TOWNSHIP ORGANIZATION. 



§ 1. Special tax to build or repair high 
water roads — election — tax rate — 
board of county commissioners to 
make appropriation — anticipation 
warrants — interest on warrants. 

§ 2. Warrants not to be sold below par. 

§ 3. Plat of road— filing:— estimate of cost. 

§ 4. Vote upon proposition. 

§ 5. Roads to be under control of Loard of 
county commissioners. 



I 7. County collector-duties. 

I 8. County treasurer— duties. 

I 9. Warrants signed by county commis- 
sioners. 

§ 10. Money to be expended only on high 
water roads. 

§11. Special election — notice — contents — 
posting. 

§ 12. County tax now authorized not af- 
fected . 

I 13. Emergency. 



I 6. Extending taxes. 

An Act to enable counties not under township organization to levy 
taxes by a vote of the electors thereof, not in excess of one-half per 
cent annually for a period ?iot exceeding ten years, to build, raise 
or repair roads upon or over land subject to overflow or inunda- 
tion from water from a navigable river or rivers or over or upon 
land lying beloiv flood line of such rivers, and to issue anticipation 
warrants upon such taxes. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That when a vote is taken 
at any regular or special election in any county not under township 
organization resulting in a majority of the legal votes cast at such 
election being for a tax to build, raise or repair a road or roads, 
wholly or in part, over or upon land subject to overflow or inunda- 
tion by headwater, backwater or seipe water from any navigable 
river or wholly or in part over or upon land below the flood line of such 
river or rivers, such tax not exceeding the rate of one-half per cent 
per annum to be levied annually for a period not exceeding ten 
years on the taxable property in such county not under township or- 
ganization as now contain such roads as aforesaid, or in which it 
may be necessary to build such roads, it shall be lawful by an order 



ROADS AND BRIDGES. 341 



of the board of county commissioners of such county, signed by the 
chairman and at least one other member of the board to make an ap- 
propriation of the taxes so authorized by such vote; and it shall be 
lawful for said board of county commissioners to make an order 
levying such taxes for the whole period so authorized by such vote 
to be annually extended and to draw anticipation warrants thereon ■ 
to the amount that such levy would produce, based on the assess- 
ment of the preceding year upon taxable property in such county. 
Such warrants shall draw interest at not to exceed the rate author- 
ized by the vote taken and not to exceed 7 per cent per annum. 

§ 2. Such warrants drawn as herein provided shall not be sold 
below par. 

§ 3. It shall be the duty of the board of county commissioners 
before submitting the question of building, raising or repairing such 
road or roads to have prepared by a competent surveyor a plat upon 
which shall be plainly designated what road or jDarts of roads are to 
be raised or repaired and the route of any new r